Editorial
A Dangerous New Order
Published: October 19, 2006
Once President Bush signed the new law on military tribunals, administration officials and Republican leaders in Congress wasted no time giving Americans a taste of the new order created by this unconstitutional act.
Within hours, Justice Department lawyers notified the federal courts that they no longer had the authority to hear pending lawsuits filed by attorneys on behalf of inmates of the penal camp at Guantánamo Bay. They cited passages in the bill that suspend the fundamental principle of habeas corpus, making Mr. Bush the first president since the Civil War to take that undemocratic step.
Not satisfied with having won the vote, Dennis Hastert, the speaker of the House, quickly issued a statement accusing Democrats who opposed the Military Commissions Act of 2006 of putting “their liberal agenda ahead of the security of America.” He said the Democrats “would gingerly pamper the terrorists who plan to destroy innocent Americans’ lives” and create “new rights for terrorists.”
This nonsense is part of the Republicans’ scare-America-first strategy for the elections. No Democrat advocated pampering terrorists — gingerly or otherwise — or giving them new rights. Democratic amendments to the bill sought to protect everyone’s right to a fair trial while providing a legal way to convict terrorists.
Americans will hear more of this ahead of the election. They also will hear Mr. Bush say that he finally has the power to bring to justice a handful of men behind the 9/11 attacks. The truth is that Mr. Bush could have done that long ago, but chose to detain them illegally at hidden C.I.A. camps to extract information. He sent them to Guantánamo only to stampede Congress into passing the new law....
http://www.nytimes.com/2006/10/19/opinion/19thu1.html