Quote:
Tyrone Slothrop
If conditions there are so delightful, there's no reason not to permit people to seek habeas. Whether or not the military commanders currently running Gitmo are good people, they should not be above the law.
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Au contraire. It shows your concerns are unfounded and unnecessary.
BTW - let's talk about practicality for a second. You propose broadening Constitutional protections and unfettered access to the US courts system to foreign nationals (held on foreign soil), presumably arrested during a conflict abroad.
Practically speaking, if given such access, wouldn't there be an unending flood of writ petitions from every last person in custody?
And who is going to hear these claims? We're already on the verge of a Constitutional crisis due to unavailability of Judges - any of you litigators cannot deny this in good faith. Are the judicial filibusters going to end? Is Congress going to authorize 100 new judgeships just to hear these claims?
You and Wonk are always arguing a pragmatic view of the world. Well, here it is.
