RUSH: The Supreme Court ruled this morning that foreign terrorism suspects held at Club Gitmo have rights under the Constitution that challenge their detention in US civilian courts. It was a 5-4 ruling, Anthony Kennedy, the fifth vote, wrote the opinion, handed the Bush administration its third setback at the Supreme Court since 2004 over its treatment of prisoners who are being held indefinitely and without charges at Club Gitmo. ‘It was not immediately clear whether this ruling, unlike the first two, would lead to prompt hearings for the detainees, some of whom have been held more than 6 years. Roughly 270 men remain at the island prison, classified as enemy combatants and held on suspicion of terrorism or links to Al Qaida and the Taliban.’ As I said, a military lawyer for Bin Laden’s ex-driver has sought dismissal of his case after the Supreme Court ruling this morning. Now, this is an abomination. This is just outrageous. Never before in the history of US warfare have we had to go out and Mirandize prisoners of war. That’s what we’re going to effectively have to do. We’re going to have to read prisoners of war their rights just as we would a thief at the local convenience store. I’ll tell you what this means. This means, don’t capture ’em.
There is a reaction for every action, and what this means is don’t capture ’em. And if you’re going to rendition ’em — and, by the way, that’s something started by Bill Clinton in the mid-nineties, rendition is where you send these people to unknown locations where they are held captive by the leaders of those nations who are your allies. Of course, an eager beaver press will be eager to find out where these prisoners have been taken as long as there’s a Republican president. What’s going to happen now, if these guys, these 270 guys now have access to the US Constitution as though they are citizens, these clowns at Club Gitmo, now the American servicemen and women who captured them going to have to be brought home for trial to explain their actions? I mean, a lot of unanswered questions here, but Ed Morrissey writes at the Hot Air blog, he says in our 232-year history, when have we ever allowed this kind of access to enemy combatants not captured inside the United States itself? These people have been captured in the battlefield. These people have been captured in Afghanistan and in Iraq, certain parts of Pakistan, they’re brought to Club Gitmo, and now they are having conferred upon them US constitutional rights.
So there is absolutely no limit now, no respect for the law anymore. The moral of this story is going to shake out this way. Take no captives. This is a victory for the enemy. It is a disgrace. It is inexplicable, but the Drive-Bys are happy. In fact, we’ll start with Jeffrey Toobin at CNN celebrating this loss. And here’s another thing. One of the things that really frustrates me about this, if you read the coverage, it was a loss for the Bush administration. It was another defeat for the Bush administration. Wrongo, Drive-Bys. It’s a defeat for the United States of America. This is bad for the country. This is bad for US national security. Not just bad for Bush. But, of course, that’s the context, and that’s the action line, the narrative here, this is Bush’s war. It’s the United States of America’s war, and it’s bad news. Here’s Jeffrey Toobin on CNN this morning.
TOOBIN: This is really an extraordinary situation. This is the third time in four years that the Supreme Court has told the Bush administration, you’re wrong, the system you set up, this time with the consent of Congress, is unconstitutional, does not give the detainees adequate rights to go to court and challenge their incarceration. What this decision sets the stage for is detainees having the opportunity to go to federal court and say, ‘Look, I don’t belong here, federal judge, let me out.’
RUSH: Yeah. Where are they going to find these courts? They’re going to be bringing these people right here on the United States of America’s home soil. That’s what I’m saying, no limits, no respect for law anymore because this time the president had the consent of Congress, which establishes the law. The Supreme Court said this is unconstitutional. This is about military tribunals. You know what else? We’ve got Khalid Sheikh Mohammed and his other five cohorts and these guys who have admitted doing what they’ve done, they might have to be released. Or they may be allowed to petition for their release, even after having admitted it and seeking martyrdom by asking to be executed. This time with the consent of Congress, the Supreme Court nevertheless says it’s unconstitutional. It doesn’t give the detainees rights to go to court and challenge their incarceration. What it gives them the right to do is to go to the judge and say, ‘Judge, I don’t belong here; let me out.’ Here’s Pete Hoekstra this morning on Fox News Channel, Bill Hemmer talked to him and asked for his reaction.
HOEKSTRA: My initial reaction is a great deal of concern. Remember, some of these folks that were going to be tried on these tribunals are picked up on the battlefield. If these folks now have access to our federal courts and have the same protections as American citizens under the Constitution, what does this say to an American soldier who captures one of these terrorists on the battlefield and may still be being fired at in terms of collecting evidence, rights of the person that he’s captured and all of these types of things? Boy, I’ll tell you I’m very concerned about what it means to our troops who are in harm’s way on the battlefield as a result of this court ruling.
RUSH: So Hemmer says, in a physical sense, does Club Gitmo close now, does it close down soon, and what happens to Rush Limbaugh’s thriving licensed merchandise business there?
HOEKSTRA: One of the reasons that Gitmo was in existence was that we believe that that was the appropriate place to hold them if they — if it doesn’t matter where you hold them and the court has ruled that regardless of where these individuals are detained or held, they are extended the rights of the US Constitution even though they are foreigners, it may be immaterial as to whether Gitmo exists or not.
RUSH: That’s absolutely right. So you better jump on board, get your Club Gitmo gear fast while there still is a Club Gitmo. We knew this was coming, and that’s what makes it all the more frustrating. Levin, in his 2005 book Men in Black, had a chapter called ‘Al-Qaeda Gets a Lawyer.’ This has been a disaster in the making. It all started with the Rasul and Hamdi decisions in 2004. So this is what happens when you get leftists on the bench. It’s plain as day for anybody to see what’s happening. The key is finding ways to stop — you can’t — what you do about a Supreme Court decision at this point in time with an administration entering its last months in office with the Democrat Party no doubt is going to be celebrating this left and right. And, of course, need I remind you where Senator McCain comes down on this? Would you like to know where Senator McCain comes down? I haven’t heard him react today, but I know that he wants to close Club Gitmo, does he not? And why does he want to close Club Gitmo? He wants to close Club Gitmo ’cause he thinks it’s unconstitutional. He could have been on the Supreme Court, and yet McCain promises us that he will nominate the right kind of judges for the Supreme Court, yet he’s agreeing with the libs and Kennedy today on the court, so — (laughing) — (doing McCain impression) ‘I feel like I’m going crazy sitting here.’