That's How America Does It
Someone ran up to me breathlessly today, telling me that Bush had just come up with another political masterpiece. After Democrats had been clamoring for years for Guantanamo prisoners to receive the due process of law and get a flippin' trial, Bush now advocates military tribunals for some of the worst terrorists in Guantanamo. From the American Prospect:
According to my hysterical friend, this is a repeat of the Department of Homeland Security fiasco from 2002: Democrats advocate a terrific policy that the president opposes for no real reason, and then the president caves entirely, with one poison pill in his version so that the Democrats can't support it. In 2002, Bush insisted that DHS employees be forbidden from joining unions; now he's insisting that these suspected terrorists go before military tribunals (a division of the executive branch, not the judiciary) instead of real American trial courts. If Democrats oppose the tribunals, apparently, we oppose bringing terrorists to justice.
The way out of this political predicament is simple: remind Americans why we have courts. Al-Qaeda beheads its enemies. America, on the other hand, gives even the most awful people on earth a fair trial. That's what we do. That's what freedom is about. If you're innocent, we'll find you innocent. If you're a terrorist, we'll put you before our courts and make you pay. There's no need for the president's shadowy tribunals when we can put Guantanamo prisoners in front of the greatest court system in world history. As Justice Brandeis said, sunshine is the best disinfectant.
This is a terrific message for Democrats. It allows us to draw distinctions with the president, it allows us to stand tough on terrorism, and it supports our unfairly maligned independent judiciary. It's morally correct, it's good policy and it works politically. Let's hope we don't screw this up.
The president is once again playing the fear card (as well as the patriotism card), using an East Room address to dare Congress to grant rights to 14 detainees that the administration names as party to the attacks of September 11, 2001.
According to my hysterical friend, this is a repeat of the Department of Homeland Security fiasco from 2002: Democrats advocate a terrific policy that the president opposes for no real reason, and then the president caves entirely, with one poison pill in his version so that the Democrats can't support it. In 2002, Bush insisted that DHS employees be forbidden from joining unions; now he's insisting that these suspected terrorists go before military tribunals (a division of the executive branch, not the judiciary) instead of real American trial courts. If Democrats oppose the tribunals, apparently, we oppose bringing terrorists to justice.
The way out of this political predicament is simple: remind Americans why we have courts. Al-Qaeda beheads its enemies. America, on the other hand, gives even the most awful people on earth a fair trial. That's what we do. That's what freedom is about. If you're innocent, we'll find you innocent. If you're a terrorist, we'll put you before our courts and make you pay. There's no need for the president's shadowy tribunals when we can put Guantanamo prisoners in front of the greatest court system in world history. As Justice Brandeis said, sunshine is the best disinfectant.
This is a terrific message for Democrats. It allows us to draw distinctions with the president, it allows us to stand tough on terrorism, and it supports our unfairly maligned independent judiciary. It's morally correct, it's good policy and it works politically. Let's hope we don't screw this up.