Who Made George W. Bush Our King?
He Can Designate Any of Us an Enemy Combatant
July 25th, 2003 6:00 PM
Courts have no higher duty than protection of the individual freedoms guaranteed by our Constitution. This is especially true in time of war, when our carefully crafted system of checks and balances must accommodate the vital needs of national security while guarding the liberties the Constitution promises all citizens. —Fourth Circuit Court of Appeals judge Diana Gribbon Motz, dissenting, Hamdi v. Rumsfeld, July 9
Some of the most glorious illuminations of the Bill of Rights in American history have been contained in Supreme Court dissents by, among others, Louis Brandeis, William Brennan, Hugo Black, and Thurgood Marshall. Equal to those was the stinging dissent by judge Diana Gribbon Motz when the Fourth Circuit Court of Appeals (8 to 4) gave George W. Bush a fearsome power that can be found nowhere in the Constitution—the sole authority to imprison an American citizen indefinitely without charges or access to a lawyer.
This case is now on appeal to the Supreme Court, which will determine whether this president—or his successors until the end of the war on terrorism—can subvert the Bill of Rights to the peril of all of us.
Judge Motz began her dissent—which got only a couple of lines in the brief coverage of the case in scattered media reporting—by stating plainly what the Bush administration has done to scuttle the Bill of Rights:
"For more than a year, a United States citizen, Yaser Esam Hamdi, has been labeled an enemy combatant and held in solitary confinement in a Norfolk, Virginia, naval brig. He has not been charged with a crime, let alone convicted of one. The Executive
will not state when, if ever, he will be released. Nor has the Executive allowed Hamdi to appear in court, consult with counsel, or communicate in any way with the outside world."
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