Too Much Justice

As soon as the Supreme Court rebuked the President and his administration in Hamdan v. Rumsfeld, Mr. Bush and his allies vowed to seek congressional authority for the military tribunals that the court had ruled against. (The court held that tribunals would have to be authorized by Congress.)

Given that the detainees at Guantanamo are held by the United States military, and are being detained in connection with military operations, why not try them before courts marshal? (Hamdan conceded that a court martial, operating under the Uniform Code of Military Justice, would have the authority to hear the charges against him.)

The answer, simply put, is that a court martial would give too many rights to detainees. As The New York Times reports: "The White House has considered military courts unpalatable because of the due process they afford. Officials there said Friday that they were generally against leaving the combatants to the military justice system, not only for its degree of due process but also for strict standards of evidence to which prosecutors are required to adhere."

And W still maintains that we are fighting for freedom. Perhaps he can explain how we can have freedom without justice.