Here is a very interesting article (“Court Orders Release of Chinese Muslims from Guantanamo”) from today’s Wall Street Journal, interesting for two reasons – at least.
The first reason is the separation-of-powers. The Court has no more right to tell the Executive what to do than the Executive can tell the Court how to decide a particular case.
If The Bush Administration doesn’t like the Court’s argument in releasing Guantanamo prisoners, there is no Constitutional requirement to release them; the Executive and Judicial are co-equal branches of government. (Had Republicans, when in control of Congress, understood the Constitution they always brandish, they would have removed Guantanamo from the jurisdiction of SCOTUS; the jurisdiction of the Federal Courts being established by Congress.)
The second reason is more interesting on a political level, though. The Democrats want the prisoners released. The Geneva Convention notes that POWs (or “enemy combatants” or whatever) must, at the end of hostilities, be repatriated. Cool. So if the Court says these enemies must be let loose, then we need to repatriate them.
What’s the problem?
China, Saudi Arabia, other countries, have assured the world that these folks will be incarcerated for some time, and none of these countries are particularly bashful about not applying Western standards of behavior or imprisonment or interrogation. Simply, these folks will be tortured when they get home. Bummer, huh?
That’s the way those countries work. This is a multicultural world. “Multiculturalism” means never having to do it the US way, right?
So a true multiculturalist – 99.9% Liberal Democrats – who believes that these folks ought to be released, rightly should be just fine with shipping these guys home to be treated the way bad guys are treated in those non-Western countries and cultures, right?
Anything else would be, I don’t know…what’s the word? Oh, yeah: American Imperialism.
Either you think – or you’re a “Multiculturalist.” The terms are mutually exclusive.