The administration’s legal reasoning is open to question (but closed to scrutiny).
View this article at The Weekly Standard
TO DATE, THE BUSH administration’s handling of the war has been superb. Its handling of the law of war has not. From the president’s November 13 Military Order — calling for trial by military commission of certain non-citizens accused of terrorist activities — to the current dispute over the legal status of detainees at Guantanamo, the administration has drawn sustained criticism from civil rights and humanitarian organizations for its handling, proposed or actual, of those caught in the terrorist net the U.S. military has so effectively spread.
There is a sense in which humanitarian and civil rights groups exist in order not to be satisfied. And the administration’s supporters, of whom there are many, have risen to denounce the attackers. But while the ACLU and Human Rights Watch are never going to be friends of the Bush team, their animus doesn’t automatically make their legal arguments specious. As it happens, the administration has made a telling moral and political argument that the al Qaeda and Taliban detainees in Cuba are receiving the treatment they deserve. But legally, while it may have a plausible argument, the administration hasn’t bothered to make it.
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