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Edited on Sat Sep-02-06 02:17 PM by pat_k
When you are forced to poke your nose into reality, reality has a nasty habit of blowing away belief systems built on sand.
Try as they might, a majority of the Fascists on SCOTUS couldn't escape reality, and found they had no choice but to rule that Bush is a war criminal. At the heart of the ruling are the conclusions that (1) adhering Common Article 3 in the conflict against Al Qaeda is a constitutional imperative; (2) the conduct in Guantanamo to date violates Common Article 3 of Geneva (i.e., the conduct is a war crime).
Like the Fascists on the court, when the Fascists and Fascist dupes in Congress attempt to write legislation that gives Bush "his tribunals", they will be forced to poke their noses into the current state of the law and the dictates of our constitution. Whatever avenues and rationalizations they try, they will run headlong into a brick wall -- i.e., the fact that, under own system of justice, the conduct of "his tribunals" constitutes a war crime.
There is no way around the constitution on this. They can call the proceedings "military tribunals" or "ham sandwiches" -- doesn't matter. They cannot legalize war crimes and give Bush "his tribunals."
Some of the dupes may actually be forced to touch the third rail -- the fact that the war crimes have happened; members of the administration are war criminals, and there is no way that legislators can absolve them.
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