Monday, June 16, 2008


It seems that Justice Kennedy must have been dining lately in the salons of the Upper West Side, or New Haven, or Cambridge, or any of the various other places where it is fashionable opinion that our garrison at Guantanamo Bay ought to be shut down.

Because that is precisely what will happen after the embarrassing opinion that Justice Kennedy has penned recently in Boumediene vs. Bush.

Apparently, according to Kennedy and his four accomplices, foreign enemy combatants, being held prisoner in a foreign land, ought to be afforded habeas corpus rights akin to those afforded American citizens detained on American soil, precisely because the United States exerts some level of control, if not outright sovereignty, over its base at Guantanamo Bay.

Well, now. The next time an American military official is charged with quickly and efficiently dispatching the case of an enemy combatant sworn to our country's demise, where do you think he will send this case? To Guantanamo, and perhaps years of adjudication through the DC Circuit Court, with all of the attendant discovery, and motions, and etc? Or will he simply convene a military tribunal right there in the field?

Ironically, the only thing that the Boumediene decision will accomplish is the reduction of the standard of treatment afforded our captured enemy combatants - Guantanamo being very close to the plushest facility of its kind for such prisoners in the history of this green earth.