June 16, 2008

MAYBE HE'S CONFUSING THE NEED TO BE STUPID WITH SOUNDING IGNORANT?:

Kaffee vs. Jessup II?: Obama and McCain Square Off on Habeas Corpus Rights for Accused Terrorists (Jake Tapper, June 14, 2008, ABC News)

Obama, a former senior lecturer at the University of Chicago Law School, cited "that principle of habeas corpus, that a state can't just hold you for any reason without charging you and without giving you any kind of due process -- that’s the essence of who we are. I mean, you remember during the Nuremberg trials, part of what made us different was even after these Nazis had performed atrocities that no one had ever seen before, we still gave them a day in court and that taught the entire world about who we are but also the basic principles of rule of law. Now the Supreme Court upheld that principle yesterday."

(Though Obama was clearly referring to the principle of giving criminals a day in court, it's worth pointing out the distinction here, that the Nuremberg trials did not give Nazi war criminals access to U.S. courts, but to a special international military tribunal created by the U.S., USSR, France and the U.K. Though Nuremberg currently is considered a model for international law, it's not as if Rudolph Hess had access to challenge his detention in U.S. federal court.)


It's perfectly acceptable for him to have learned nothing in law school, but has he never read a history book nor the Constitution?

A series of debates with Maverick would obviously be fatal.

Posted by Orrin Judd at June 16, 2008 4:36 PM
Comments

And that is why he is avoiding those, as most men would avoided radium-lined underpants.

Posted by: Mikey at June 16, 2008 6:55 PM

Fatal - perhaps. But only if the embarrassment factor enters in. That is where the press will shield the rookie.

Nuremberg was not about law - it was about history. It was a message, particularly for "cultured" Europeans.

And Tapper's point is too gentle - even though Robert Jackson was in charge, there was no recourse in D.C. for the Nazis. The gallows was a fait accompli. Someone should ask Obama about that.

Posted by: ratbert at June 16, 2008 10:06 PM
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