Military Commissions Act Stands

Today, a US Federal Appeals Court decided 2-1 that Guantanamo Bay detainees may not challenge their detention in U.S. courts. This means that civilian courts can no longer consider whether the military holding of foreign combatants is legal. Under the Military Commissions Act that President Bush pushed through Congress, foreign combatants can now be held indefinitely and aggressive interrogation tactics can be used by military and CIA officials.

Democratic Sen. Patrick Leahy, chairman of the Judiciary Committee, stated that he will try and pass a revision restoring detainees legal rights. Leahy stated, "The Military Commissions Act is a dangerous and misguided law that undercuts our freedoms and assaults our Constitution by removing vital checks and balances designed to prevent government overreaching and lawlessness”.

Jonathan Hafetz, an attorney at the Brennan Center for Justice stated, "“It’s a terrible ruling that contradicts centuries of Anglo-American history and allows the indefinite detention of innocent people without charge or judicial review,”. “It also allows for detention based on evidence gained by torture.”

What these men have over-looked is the fact that the American justice system was designed to govern citizens of the United States. Never before have we faced an enemy like this. This enemy conducts military operations around the world including within our own boarders. Baring an international Justice system, the United States is within it's rights to protect itself against criminals and to use any and all means to route out enemies and un-cover their plans of attack. Until the United States military begins sweeping American streets and unjustifiably detaining and holding citizens of this country then the arguments of Leahy and Hafetz are not legitimate.