Only One More Chance to Get it Right

The Post this morning reports that the White House has "gained concessions" from the Senate in negotiations over the rules that would govern the prosecution of Guantanamo Bay detainees in military tribunals. But one of the key "concessions" reportedly would preclude the detainees from challenging their detention in US courts. I'm not sure that is ultimately going to fly with the Supreme Court and, of course, the whole point of President Bush's big show last week was to try to expedite the prosecution of men like Ramzi Binalshibh and Khalid Sheik Mohammed, genuine leaders of the 9/11 plot. The last thing the executive and legislative branches ought to do now is agree upon a set of tribunal rules that are doomed to fail the constitutional test to which they will be subjected.

On a completely unrelated note, does anyone remember Mike Moran, the New York firefighter who had his 15 minutes of fame weeks after the 9/11 attacks when during a nationally televised tribute he said: "Osama Bin Laden, you can kiss my royal Irish ass"? Anyone know where he is and what he is doing these days. Amid all the coverage of the anniversary of the terror attacks yesterday I was surprised that I did not see him on television. On the other hand, I wasn't surprised that I did not see Adam Sandler as "Operaman" singing "Guiliani."

By Andrew Cohen |  September 12, 2006; 9:30 AM ET
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why do you think, with the current makeup of the USSC, that any rules the white house and congress agree to will be found constitutionally wanting?

scalia and alito scare me. their seeming willingness to give away our basic rights, in the name of "national security", and the percs of the CIC "in time of war" gives me no great comfort, with respect to holding the executive and legislative branch's feet to the constitutional fire.

Posted by: cpinva | September 13, 2006 08:08 AM

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