Jens 'n' Frens
Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.

"A strong conviction that something must be done is the parent of many bad measures."
  -- Daniel Webster



Wednesday, April 28, 2004 :::
 

This editorial on OpinionJournal is moderately ridiculous, asserting that the President is charged with waging war and defending the republic, and therefore should be subject to no oversight whatsoever when he declares something to be related to national defense. It's this sentence, though, that put my mind back to something I've been thinking for months:
In an age when a single terrorist has the potential to cause thousands of American deaths, the task of identifying and detaining the enemy is more critical than ever.
The problem is that the line between war and crime is fuzzy, and this war on terrorism finds itself pretty close to that line, or possibly sprawling across it. And I agree with the spirit of the OpinionJournal editorial to this extent: it would be really keen if our elected representatives could chase up for us an improved distinction between the two before the courts have to involve themselves and work out whether a decidedly interested party has made a reasonable determination as to whether or not he gets to excercise complete control over a particular case. More, though, I think this is pretty much where to look for that line; where "a single terrorist has the potential to cause ... deaths" and destruction far out of proportion with himself.

(On a completely different note, they mock the idea of granting detainees habeas corpus rights, suggesting Hussein might submit such a petition to the ninth circuit. If he's overseas, wouldn't this go to the D.C. circuit? Or is the law even clear on this at this point?)



::: posted by dWj at 1:57 PM


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Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.


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