Gitmo No Mo'

I'm surprised that the Con Law jocks on both sides of the spectrum have been quiet about today's Supreme Court decision in the Gitmo case, Hamdan v. Rumsfeld. It's likely due to a busy Thursday more than anything else. I'm probably not the best attorney around here to analyze the decision. I have no plans to read it either. I wasn't partial to Con Law and I'm especially put off by the dreaded words "separation of powers." However, I thought I'd a quick post would be in order in case anybody out there cared to comment.

The Court's 5-3 decision essentially prevented the President's from moving ahead with military war crimes trials for the prisoners held at Guantanamo Bay without either the specific authorization of Congress or by using a recognized form of our judicial process, such as a military court-martial type trial or the ordinary criminal justice system.

I'm mixed about the effects of this decision. This is one area of the "war on terror" where I still tend to agree with the President. I believe most of these characters were rounded up in Afghanistan - such as the appellant in this case, Salim Ahmed Hamdan, a former personal bodyguard for Osama Bin Laden. As such, I think a better case can be made here for the need for some sort of extra-legal war crimes tribunals.

Yet, I also feel that this is another instance where the President's merger of the "war on terror" into the "war in Iraq" and more has muddied the issue and lost momentum for the good fight. Although there were six separate opinions, Justice Breyer probably summed it up well in his concurrence by saying: "Congress has not issued the executive a blank check."

I may still have sided with the dissent in this case myself. I dunno. But I think there's something to be said for the separation of powers issue. I do admire the manner in which Justice Thomas marked the importance of the verdict by breaking his tradition of being low-keyed and orally delivering his dissent from the bench. But I think the Court's decision is a reflection of general frustration with the Bush administration trying to roll everything into the "war on terror." Afterall, the Court had already rebuffed the administration when it denied these same prisoners access to counsel two years ago. I just don't think Congress voted for all that (nor for actions like warrantless monitoring of phone calls) when it authorized military action in Afghanistan or Iraq. Whether they're looking at intent, precedent, or text, the Court clearly thinks the president has gone too far and many Americans agree.

My final thought. Bush recently said, "I'd like to close Guantanamo." Well I say, do it. It'll send a good message to the rest of the world that our military and our legal system can handle the fight on terrorism. We don't need to go out-of-bounds - literally and figuratively - to fight al Quada. Because if we do, then we've lost much more than even those tragic lives lost on September 11, 2001.

Do Generals Cut and Run Too?

I'm looking for a Bush supporter who is now going to accuse General George Casey of wanting to cut and run. Troop withdrawals in October, just weeks before the elections? So Democrats are cowards for supporting such an idea last week in Congress, but it's perfectly ok for Casey to do so because he's a Republican-supported general, right?

Once again, Republicans are making me sympathize with someone like Nancy Pelosi:

Democrats reacted angrily, saying the Casey plan appeared similar to their calls for the administration to draw up a timetable for troop withdrawal, and for which Republicans had accused them of wanting to "cut and run."

"Instead of offering real strategies for success, Republicans continue to play politics with this war," Pelosi said.

Up For Grabs: In Praise of Moderates

Since deciding I could no longer walk in lock-step support with the leaders of the Republican Party, I've felt a tremendous sense of political empowerment. It's probably the biggest reason why I've recently dedicated a lot more energy to blogging.

At the risk of over-simplification and offending the political scientists, I believe the direction of American politics ultimately falls to the determination of that 20% of the voting pool ubiquitously termed "moderate." Over periods of time, this pool may change its location, shape, and even its priorities. But as far back as I can see, and as long as we have this republic, it will be that 20% with the final say.

What exactly is a moderate? Is it someone who falls right of left or left of right? That's too confusing and instinctively I know it can't be a fitting description. Rather, I think a better definition is much simpler. More than any other quality, I think moderates are those who put their votes (or even whether they will vote) up for grabs.

From that description come the insults. Whether it be Rush Limbaugh on the right or Al Franken on the left, the loser of the competition for the moderate's vote will accuse the moderate of standing for nothing. That's right. The "Reagan Democrats" who made the Gipper one of our most effective and popular leaders apparently stood for nothing. And that same group - the very same voters who grew dissatisfied with those who inherited Reagan's legacy and supported an outsider named Bill Clinton while still trusting Republicans with the power of the purse in Congress - is accused of being without principle simply because they reserve the right to change their political minds.

I don't see it that way. While I'm confident that an appraisal of my own opinions would earn the label "right of center," I too have put my vote up for grabs. So does this mean that I now stand for nothing? Are my otherwise conservative thoughts on spending, defense, crime, and taxes now invalid because I may vote for Bill Nelson over Katherine Harris? No. I think it merely means that for the first time in my life, I want to be part of that 20% who will determine the result of an election.

In two previous elections I failed to vote for the Zell Miller for the sole reason that he had pledged to vote for Tom Daschle as Senate Majority Leader. I have come to view this decision as a mistake and am glad my fellow Georgians did not follow my lead. In fact, this was a prime example of when I should've put my vote up for grabs and realized that one letter cannot encompass a person's political worth.

I'll conclude with a personal note. Since getting married a few years ago, my wife and I decided we'd always vote the same ballot. Upon doing so, we felt an equal sense of empowerment because we each controlled 2 votes. If I had voted for Bush in 2004 while Dana voted for Kerry, in spite of the worthiness of casting our votes, we would have indeed offset our choices in both state and national tallies.

I now feel the same way about the camps on the left and right wings in this sharply divided political climate. It will be the 20% that again determines who controls Congress later this year. And I may not be able to stomach voting for Nelson afterall. I don't know yet. But I do know that this time I'm fine with being one of those moderates.

Introductions

Introductions are always a proper way to begin one's contributions to a blog. Many may be familiar with my opinions from comments here at TPS. I'm a conservative who has left the Republican party as a homebase. And I'm not willing to do it half-heartedly either. I'm not willing to say, "I'm no fan of the Republicans, but they're still better than the alternative." No, I'm going to make sure that my exit is just as pronounced as the actions have been of those who have forced out people like me from the GOP.

And no issue typifies my frustration with the administration than the War in Iraq. I don't mean for this to be a war post, but I'll share my own background because I think it's likely true for a majority of the average American public. I was horrified by 9/11. In its wake I willingly made an undocumented leap-of-faith connecting the evil of al Queda and the evil of Saddam Hussein. I listened to Colin Powell's case-for-war to the U.N. and trembled at the mysterious satellite photos. I put my faith in George Bush, Don Rumsfeld, and the intelligence operations of the US military and supported our looming invasion of Iraq. I had full confidence that our troops would win the war, we'd set up a new government, and then make Iraq a beacon of democracy for the Middle East. And the best part was that Paul Wolfowitz told us that this war would pay for itself within six months. The prospects of stable oil prices completely sealed the deal for me. The war happened, I cheered the triumphant stories of the embedded reporters, and willingly believed Bush's declaration of 'Mission Accomplished' meant just that.

But our "accomplished" mission still continues. And over the past 3 years, I've come to regret my support of the war. I guess I have no choice but to sympathize with guys like Murtha and even Kerry. I've come to believe that there was no legitimate connection between the secular Hussein and the Islamist al Queda movement. I've come to believe that Saddam didn't possess the feared WMD's and there's no evidence that as of 2003 he was actively stockpiling and mobilizing them for current use. I've come to believe that Iraq is a war we cannot win, that militant Shiites will eventually tie that country's fate to their more-ominous comrades in Iran, and that our continuing presence in Iraq will only result in more American casualties. Sadly, it seems actually to be spurring the recruitment efforts of anti-American terrorists like al Queda - the preventing of which is the very reason pro-war advocates still cling to the fighting in Iraq.

If I were in charge, I'd fire myself. My judgment about the case for war in Iraq has proven to be crap. But I'm not the president and my judgment was actually the very same as his. So whose the one who should be fired afterall?

I'll leave it at that. I'm sure we'll revisit the issue of Iraq many times in the coming months. The exchange of ideas is always healthy. That's one thing I've always loved about this blog. If nothing else, true debate shows we all do care about the fate of the American boys over there. My father-in-law served a 12 month tour in Iraq and is now home safely. I have no doubt that his experience influences my own opinion.

Moving right along, I'm equally disappointment with the Republican Congress' abandonment of the principles of the 'Contract With America.' I'm dismayed that Hastert and Frist have allowed Democrats to make a credible case that they're the party of fiscal responsibility. On social issues, I lean strongly Republican. I'm a former prosecutor who is dismayed at how soft many American jurisdictions treat crime. I get fired up on hot button issues like illegal immigration and same-sex marriage. And I'm pro-life and believe Bush's outstanding judicial nominations will go down as the high water mark of his presidency. I'm sure we'll explore many of these issues too in future posts.

So that's me. I enjoy being controversial and have a tendency to put my foot in my mouth. But I rarely take offense at ad hominem attacks thrown my way since I don't take myself very seriously. So thanks again to my co-bloggers for adding me to their crew and let's have some fun!