COMMENTARY: Soldiers or criminals?

Inalienable Rights to life, liberty and the pursuit of happiness are guaranteed to the American people NOT foreigners. Any rights granted to foreigners are at the sufferance of Congress and the President. Perhaps you know of some other government anywhere in the world that would recognize my rights as an American as spelled out in the U.S. Constitution.

Justice Scalia rightly characterized this decision as driven by an inflated notion of judicial supremacy. It is Mr. Bush's view that is supported by a law passed by Congress and by precedent. Five justices of the Court replaced the law with their own ill-founded opinions. Why bother with elections when the judiciary makes all the important decisions?

When an American is held unjustly, in our opinion, overseas, diplomacy is what is used to retrieve our citizen. The same thing goes for foreigners held by us. And in fact we have released detainees to their country or origin via the diplomatic route. So why is it that some of these detainees cannot get their own countries to stand up for them? Some of the detainees even refuse to be given back to their home government. And when one of these guys gets to court, the first thing a defending lawyer can ask is "At what point did the soldier who captured you read you your Miranda Rights?" Of course there is always reasonable doubt. "Private, can you say for sure which one of these good detainees actually fired the weapon that killed your Sgt and maimed your fellow Marines? Did you collect the motar fragments and motars and send them to CSI for a positive identification so we know just which motar did the damage and thru finger printing find out just which detainee you captured fired the round that killed your Sgt?" "The court clerk will see to it that you can pick up your firearms and motar on the way out. Next". And here's one we all hope for when we contest a traffic ticket: "I have a right to face my accusor." "Prosecutor, produce the accusor". "Your honor, the soldier who captured these men was killed in a fire fight the next day". Case dismissed. You are free to go.