The Holder hangover (and whence it comes)
Posted by Scott, Power Line:
Speaking at a town hall meeting in Pennsylvania during the presidential campaign in June 2008, Barack Obama addressed the Supreme Court’s Boumediene decision granting Guantanamo detainees the right to challenge their confinement through habeas corpus proceedings in federal court. Obama asserted that the “principle of habeas corpus, that a state can’t just hold you for any reason without charging you and without giving you any kind of due process — that’s the essence of who we are.” He explained:
I mean, you remember during the Nuremberg trials, part of what made us different was even after these Nazis had performed atrocities that no one had ever seen before, we still gave them a day in court and that taught the entire world about who we are but also the basic principles of rule of law. Now the Supreme Court upheld that principle yesterday.
Obama’s comments derive from what I facetiously call “the higher wisdom” that fueled his campaign and that is now operative in his administration. Attorney General Eric Holder perfectly reflects it.
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