Due Process for Jihadists?
"Isn't the main issue," Justice John Paul Stevens plaintively asked, "the fact that it has taken six years" to resolve the question whether alien enemy combatants "have been unlawfully detained" at Guantánamo Bay?
Andrew C. McCarthy is a former federal prosecutor and conservative legal commentator best known for leading the prosecution of Sheikh Omar Abdel Rahman and others in the 1993 World Trade Center bombing case. He is a contributing editor at National Review and a widely published author on national security and law. He contributed legal analysis to The Weekly Standard on topics including terrorism-related due process and civil liberties litigation.
"Isn't the main issue," Justice John Paul Stevens plaintively asked, "the fact that it has taken six years" to resolve the question whether alien enemy combatants "have been unlawfully detained" at Guantánamo Bay?
The American Civil Liberties Union's Steven Shapiro is one of the best lawyers in the United States. Still, he was flat wrong when he told the New York Times that a federal appeals court's July 6 dismissal of the ACLU's challenge to the Bush administration's now-defunct Terrorist Surveillance…