George W. Bush has granted himself the power to declare anyone on earth - including any American citizen - an "enemy combatant," for any reason he sees fit. He can render them up to torture, he can imprison them for life, he can even have them killed, all without charges, with no burden of proof, no standards of evidence, no legislative oversight, no appeal, no judicial process whatsoever except those that he himself deigns to construct, with whatever limitations he cares to impose. Nor can he ever be prosecuted for any order he issues, however criminal; in the new American system laid out by Bush's legal minions, the Commander is sacrosanct, beyond the reach of any law or constitution.
This is not hyperbole. It is simply the reality of the United States today. The principle of unrestricted presidential power is now being codified into law and incorporated into the institutional structures of the state, as Deep Blade Journal reports in an excellent compendium of recent outrages against liberty.
For example, on July 15, a panel of federal appellate court judges upheld Bush's sovereign right to dispose of "enemy combatants" any way he pleases, the Washington Post reports. In a chilling decision, the judges ruled that the Commander's arbitrarily designated "enemies" are non-persons: neither the Geneva Conventions nor American military and domestic law apply to such garbage. Bush is now free to subject anyone he likes to the "military tribunal" system he has concocted - a brutal sham that some top retired military officials have denounced as a "kangaroo court" that will be used by tyrants around the world to "hide their oppression under U.S. precedent."
One of the kowtowing jurists on the appeals panel was none other than John G. Roberts. Four days after he affirmed Bush's autocratic powers, Roberts was duly awarded with a nomination to the Supreme Court. Now he will be sitting in final judgment on this case - and any other challenges to Bush's peremptory commands. This is what is known, in the tyrant trade, as "a safe pair of hands."
http://counterpunch.org/floyd07202005.html