Rudy Adds Advisors

Rudy Giuliani has expanded his FoPo advisory team:

The Rudy Giuliani Presidential Committee today announced additional members of Mayor Giuliani’s foreign policy team, including Dr. Ruth Wedgwood, an internationally-renowned legal and United Nations expert, as a member of the International Law and Organizations Advisory Board, and Adm. Robert Natter, Ret., as Senior Military Advisor.

In a perfect world Dr. Wedgwood would be the advisor on China.  Oh, well.  It turns out that she and Rudy worked together back in his Manhattan DA days.  For a flavor of her thinking, here is a paper she prepared on the habeas corpus issue brought to the Supreme Court by Rasul; she saw no basis for the court to extend habeas corpus to Guantanamo as it had done.

By way of contrast, Dan Drezner rounded up reaction to the Rasul decision in 2004, including the Times coverage.

Comments

[SteveMG]

TM:
she saw no basis for the court to extend habeas corpus to Guantanamo as it had done.

How about "she saw no basis for the court to extend statutory habeas corpus to Guantanamo"?

Rasul was about statutory/legislative habeas rights.

The Court - okay, Justice Kennedy - has yet to rule on constitutional habeas rights for alien detainees.

As goes Kennedy, so goes habeas.

My guess is that he will.

SMG

[kim]

'Lawfare'; the mot juste.
===============

[Cecil Turner]

For a flavor of her thinking, here is a paper she prepared on the habeas corpus . . .

I maintain that the crafting of detainee treatment provisions are properly a matter for Congress and the Executive, and not an issue wherein legal wrangling ought to prevail. Still, if we're going to insist on being over-lawyered on the issue, she's a good choice for the post. Her paper suggests she has a bit of a clue on the pragmatics, at least. Best bit:

And then there are the desperate problems of asymmetry and perfidy. An opponent on the battlefield – or in the shadows of a guerrilla war – may try to take advantage of the law-mindedness of a democratic state in order to gain a fatal advantage.

Hmmm . . . ya think? Like they could even try to take advantage of our open (and reflexively anti-government) press to spread their propaganda and sway the national will? Nah.

Rasul was idiotic, but it was also somewhat predictable following the wrongly-decided Hamdi decision. And despite the approval from authorities like Volokh (cited in Drezner's link above), the brilliant-but-ridiculous reasoning of Scalia enabled the stupidity that followed. The only sensible position was that of Thomas, who
clearly and succinctly summed up the guiding principle:

The Executive Branch, acting pursuant to the powers vested in the President by the Constitution and with explicit congressional approval, has determined that Yaser Hamdi is an enemy combatant and should be detained. This detention falls squarely within the Federal Government's war powers, and we lack the expertise and capacity to second-guess that decision. [emphasis added]

It's hard to read either decision as anything but a desire by the Court to insert its own political judgment in place of those elected to the role, and a blatant disregard for the Constitutional provisions it purports to interpret.

As to Rudy's decision to add foreign policy advisors to the team, at least he recognizes the key weak spot in his resume. Despite the recent innovative Radicalization in the West report (overseen by Police Commissioner Ray Kelly, a Dem), Mayor of New York is not a post to hone one's foreign or defense policy expertise, of which he has precious little.

[Other Tom]

Isn't there now an act of Congress declaring that unlawful enemy combatants do not have habeas rights, but do have access to the D.C. Circuit to appeal decisions of the Combatant Status Review Tribunals?

I certainly hope so, because if it's simply an issue of presidential power Kennedy is automatically in the tank.

[narciso]

Amusing, but her name would really have to Darwin, in that case. Wedgwood's reasoning lies more in the ex parte Milligan rather than Merryman; which the defendants in Quirin were really looking forward to the
Court accepting. That was not the case, and all but Dasch got the death penalty for it.
For the likes of Comdr. Swift, as his view
was stated in Esquire and Vanity Fair; Quirin is an abomination like Dred Scott; not to be considered. I agree that Scalia really opened the door in Hamdi as well as
Rasul; and that led to the whole sale collapse of at least a century on 'unlawful
enemy combatant'; because the justices really do think that navy NCO courtmartials
like Councilman are just like military tribunals.

[SteveMG]

Isn't there now an act of Congress declaring that unlawful enemy combatants do not have habeas rights, but do have access to the D.C. Circuit to appeal decisions of the Combatant Status Review Tribunals?

Yep, the Detainee Treatment Act.

And, of course, they can still file an appeal with the Supreme Court. Whether the Court will hear it is another question.

The key question that will be re-visited is whether aliens have constitutional habeas rights even if captured and held overseas.

Imagine having to give habeas rights to the 1 million+ Germans we had captured in Europe during WWII.

Impossible. I know we all like to play the game of "What would the Framers think" in order to support a policy or issue we like; but I cannot begin to believe that Madison or any of the framers intended to give access to our civilian courts for alien enemy combatants captured during war.

And remember: Whatever standard is handed down today must be used tomorrow.

SMG

[PeterUK]

"may try to take advantage of the law-mindedness of a democratic state in order to gain a fatal advantage."

There is no "may" about it,al Qaeda are trained to take fatal advantage.
This is the time to end the insanity of extending rights and privileges to those who are sworn to destroy those self same rights and privileges.
The Geneva Conventions are accorded to those who execute and torture to death prisoners and civilians.The protection of the law is extended to those who are dedicated to bring down your culture and your society.
Liberals are wont to think in the abstract,time for them to understand the danger of extinction.

[TexasToast]

Wow - reading the above - it would appear that the consensus is that the most conservative court since the 30s is too liberal.

Quirin is an abomination - almost as much as Korematsu - almost as much as the "state secrets" privilege in the QWEST matter.

Judicial "activism" indeed.

[SteveMG]

it would appear that the consensus is that the most conservative court since the 30s is too liberal.

This is a court split 4-4 between liberals and conservatives with one swing vote deciding many key issues. Hardly the "most conservative".

Substantively, to my knowledge no court in the world has given habeas rights to enemy soldiers captured overseas.

Liberals or progressive (or whatever Lakoffian gimmick you guys are calling yourselves nowadays) like to argue that we must listen to world opinion; how about listening to world opinion on this issue, Toast?

Do alien soldiers captured overseas have constitutional habeas rights? If they have habeas rights - and access to civilian courts - what about the right to counsel? Miranda rights? Et cetera.

Why limit it to just habeas?

If you progressives wish to give habeas rights, you control Congress. Pass a bill.

SMG

[clarice]

And give the illegal combatants the right to American counsel who we may have to conscript. Send the lawyers to Iraq after we've pulled out Blackwater and the Turks refuse to allow us to resupply our troops thru there. Give lawyers what they deserve.

[Cecil Turner]

Wow - reading the above - it would appear that the consensus is that the most conservative court since the 30s is too liberal.

Hard to see how that follows, especially since the precedents you cite are from the 40's (as is the one that spoke most directly to extending due process rights to enemy combatants: Yamashita). And the conservative-liberal divide doesn't explain things like Scalia's decision in Hamdi. Moreover, whatever your view of Qurin, it's clear from the Court's plurality decision in Hamdi that it remains valid precedent. It's also illustrative of the strange bedfellows principle that O'Connor, Breyer, Kennedy, and "The Chief" tout the precedential value of Qurin to Scalia:

Quirin was a unanimous opinion. It both postdates and clarifies Milligan, providing us with the most apposite precedent that we have on the question of whether citizens may be detained in such circumstances. Brushing aside such precedent--particularly when doing so gives rise to a host of new questions never dealt with by this Court--is unjustified and unwise.

[Other Tom]

I remain confused. After many cocktails and din-din I'll have to return and actually look at the constitution, but it is my recollection that the grant in the constitution is expressly subject to suspension by the congress, which has occurred here with respect to enemy combatants.

[narciso]

It may be conservative on some aspects of economic policy, but on issues of war and
piece;(such as tribunals) it's more radical
than the Taney Court, You knoe the Court of
the guy whose lame brain decision triggered
the civil war.

On another note, the WSJ has Judith Miller reviewing Bob Drogin's book on 'Curveball'
the supposed Chalabi relative, who was a
major source in our WMD resources. She rightfully slams Drumheller 'economy with
the truth' that has been broadcast from Herr Olberman to Matthews to Bill Moyers
(the Moebius loop of inanity) the BND's
refusal to release Curveball for interviews.
The question still remains; particularly with the discovery of the arsenal at Deir ur
Zaour; just fifty miles up the Tigris river
inside Syria. What ever did happen to the WMDs, and why wasn't the DuZ site considered
more dangerous to the coalition forces.

I always put good stock in Judith Miller, she was the only former Cairo bureau chief
or staffer, wh didn't go nativ(Macfarquahar
comes to mind)or insane (Chris Hedges
everyone)She had covered the eliminationists
in Europe (including the Barbie trials) and
the nature of the chemical/biological threat. It's not surprising that she would have been assigned to an Alpha Exploration
team. One might quible with her "Pasionaria"
act before the Fitzie Star Chamber, but he really was being a fool.

[kim]

Didn't Chalabi, the Master of the Bazaar, broker the oil revenue sharing agreement?
==================================

[clarice]

Yes,kim.

[BarbaraS]

Mayor of New York is not a post to hone one's foreign or defense policy expertise, of which he has precious little.

Neither does the govenor of any state which is all we seem to elect as prosident the last few decades.

[BarbaraS]

Impossible. I know we all like to play the game of "What would the Framers think" in order to support a policy or issue we like; but I cannot begin to believe that Madison or any of the framers intended to give access to our civilian courts for alien enemy combatants captured during war.

Combatants captured out of unidorm would have been hung. That was the going rule at that time.

[kim]

So, C, Chalabi should share the Peace prize with Sistani and Canon Andrew White. Why isn't the New York Times reporting that along with Syrian nuke facilities?
============================

[RichatUF]

Frank Rich plays the nazi card it today's NYT-is this a violation of Godwin's Law

graf-

Our humanity has been compromised by those who use Gestapo tactics in our war. The longer we stand idly by while they do so, the more we resemble those “good Germans” who professed ignorance of their own Gestapo.

So much stuff packed into that article-Blackwater makes an appearence, torture memos, abu Ghraib-the locus of all American torture, equipment, shoddy medical treatment at the VA [and to think the progressives want to import the VA to US medical care as a whole], lies to "launch us" into war, and even a good and helpful link to that non-partisan source the UN.

[clarice]

I would PAY to not have to read Krugman, Rich, Dowd, Andrew Sullivan and Glen Greenwald and anything about them. I put these folks in the same category as Ana Nicole Smith--Something to pass the time and fill column space with when one has nothing real to discuss.

[ann]

I would love to know what the lawyers here at JOM think of this case:

http://www.gatewaypundit.blogspot.com/

Hillary Scandal Video Tops Google Most-Watched List

[boris]

link

[RichatUF]

clarice-

Something to pass the time and fill column space with when one has nothing real to discuss...

Ouch!

[RichatUF]

ann-

The Peter Paul case. Here is the run down linked too[partisian take]

This was a case that Dick Morris was following-I can only imagine what he has cooking up.

[kim]

We got the internet and it still takes three and a half months for this flower to blossom?
===========================================

[kim]

RichatUF, I think the Godwinning Frank Rich is demonstrating a lot of present progressive behaviour; they are whistling past the graveyard. There can hardly be a sentient one among them who doesn't feel it in their bones that Bush is far less authoritarian than Hillary.
===============================

[RichatUF]

kim-

We got the internet and it still takes three and a half months for this flower to blossom?

I'm pretty sure that Google will scrub the video from there site for some sort of violation of service. All they need is some counter-party to the suit to send them a cease-and-desist letter.

[Jane]

I actually saw that video a while ago - maybe 3 months. I just figure as with everything else the Clintons do it will be swept under the rug as part of the vast right wing conspiracy.

[RichatUF]

Regarding the Paul story-glasater posted a link that will introduce some of the new tools that the incoming Clinton Administration will use to kill off the story [and the Hsu story as well].

kim-

There can hardly be a sentient one among them who doesn't feel it in their bones that Bush is far less authoritarian than Hillary.

Doubtful. The progressives don't recognize the dangers because the Islamists are using the same tools and methods that progressives used to attain power and hold onto that power. Progressives [and Hillary is one of them] don't recognize the threat because to them and their political program Islamism isn't a threat. Some of the most generous welfare states in the world are the Gulf oil kingdoms.

[clarice]

Peter Paul has been posting details about this case and the video on FR for months. I have no notion about the outcome of the case because he and his supporters are my only source of information about it...and the case is in California which seems so often to operate under some unique legal system esp when pols and celebs are involved. (See Phil Spector, OJ Simpson, Gov Ryan divorce case records cases, for example.)

[kim]

In their bones, I say. That's why the loud protestations, squeals might I say, about 'corporatism' and the careless Godwinning to be seen all around. I agree, most aren't conscious of this yet. That's why I used 'sentient' and 'feel it in their bones'. Their fear of authoritarianism is precognitive and is fear of sharia and progressive groupthink.

Uh, maybe.
=========

[RichatUF]

kim-

Their fear of authoritarianism is precognitive and is fear of sharia and progressive groupthink.

I guess this is where we disagree-progressives don't fear authoritarianism and anything (be it corporatism, Islamism, fascism, communism) that brings about an authoritarian political culture is a good thing to them. They don't fear sharia-they embarace it-which is why CNN saw fit to blur out the Mohammad cartoons when they showed them.

[kim]

I know, its counterintuitive. I think it is real. How else explain the irrationality?
============================

[MayBee]

I remember reading Page Six when Peter Paul was about to be released from prison in Brazil. It might have been Cindy Adams--anyway, the speculation was that he would be Hillary's biggest nightmare if his story ever got told. I doubt it will ever get enough circulation.

[Ralph L]

JMH, I was thinking of Tivoli, but I wasn't sure if Tivoli was near Lake Como. From the Wiki entry on Como:
Today the Villa d’Este is known for attracting such celebrity guests as Brad Pitt and Angelina Jolie, Paul McCartney, Oscar Kiss Maerth(?), Sharon Stone, Arnold Schwarzenegger, Yves St. Laurent, Alfred Hitchcock and Mikhail Gorbachev and Clarice Feldman.

[Ralph L]

Standard Peter Paul pickup lines:
"Nice Mounds, want some Joy?"
"What a lovely pair of coconuts!"

I didn't say they ever work.

[clarice]

HEH, Ralph..

[kim]

There was a TV commercial recently that celebrated the joy of the moments between the first and second Reese's Cup, and I got a laugh by claiming those between the eighth and the ninth are much better.

I mean really, much more leisure to savour the flavour.
=====================================

[kim]

And, ahem, the theobromine.
===========================

[bgates]

I put these folks in the same category as Ana Nicole Smith
Speaking as one who was a healthy teenage boy in Ana Nicole's glory days, how dare you compare her to a shrewish old hag like Glen Greenwald, or Dowd for that matter. Larry Miller agrees with me.

[vnjagvet]

What's wrong with Quirin Texas Toast?

Can Harlan Fiske Stone, Hugo Black, William O. Douglas, Owen Roberts, Robert Jackson, and Felix Frankfurter all have been wrong?

They all had a pretty good record preserving civil liberties while on the bench.

It is hard for me to see any abomination here.

[clarice]

Cause you lack the special x-ray vision superspectrograph eye goggles they give to Dems, vnjagvet. Sheesh. You'd think you'd know better than to advertise that fact.

[narciso]

Quirin is not an abomination; it follows the test laid in Merryman; an unlawful combatant is subject to military tribunals;
ordinary citizens of nationals of foreign
powers are not subject to those rules. Had
we been able to detain Al Hamzi, Al Midhar
and/or Jarrah (the three 9/11 plotters flagged by the CIA; they would have likely
postponed the plot. Thanks to Gorelick, one
couldn't even fax the passport photo to the
FBI; without raising red flags. And they
put her on the commission. According to Bob
Baer, KSM later acknowledged to be Yousef's
handler on the Bojinka plot; was living under the protection of the Quatari prince
Prince Hamud; as far back as 1997. This fellow like the Emirati prince fox hunting
with Bin Laden, in 1999; would probably have to arrested, tried and convicted before
any of his information could be evaluated.
By that time of course, plans would be changed; cell members replaced and more
Americans and/or Westerners would die. But TT's views of international and constitutional law would prevail. This is not an abstract point; the meeting where the 'evil' Gonzalez prevailed upon
the 'defenseless'Ashcroft was within hours of the Madrid bombing. One of these days, this theoretical view will be tested; will
a theatre like the Nord Ost, a school like Beslan #4, or a nightclub like the one in
Bali, loose out.

[vnjagvet]

With all of those special issue x-ray superspectrograph goggles, Clarice, they should have been able to smoke out the hijackers while they were training for the 2001 extravaganza, donchathink?

Why waste time looking for flaws in Quirin after 9/11 when they could just use that superspectrograph technology to locate the bad guys.

[Sue]

Did anyone watch 60 Minutes tonight? This is what happens when you lock them up. Pity parties are organized.

[RichatUF]

Sue-

Did anyone watch 60 Minutes tonight?

I make it a point not to, but I heard that "Yousef" got some facetime [via Drudge]. Interesting, if his name is Abdul Basit why does everyone still insist on calling him "Yousef". But details, details...

[Sue]

I didn't watch it. It came on at the end of a football game I was watching and I saw what the segments were going to be. I'm not sure why they are force feeding them, though. Let them die, if they want to. Isn't that the liberal way of doing things?

[clarice]

"With all of those special issue x-ray superspectrograph goggles, Clarice, they should have been able to smoke out the hijackers while they were training for the 2001 extravaganza, donchathink?"

They are the retro version, vnjagvet. The coulda, woulda shoulda kind. I don't think the Dem spectrovision is yet made in the forward seeking version.

[Rick Ballard]

Well, that and they only work on males of pallor.

[RichatUF]

I shoulda watched-I'd be curious how CBS was trying to "frame it." A huge Clinton Administration success and the "right way" to fight the war on terror. Or if they included the PAL 434 bombing and that it was blind luck that Bojinka did not happen because Yousef et al caused a chemical fire in his apartment a few days before the plot [both the airline bombings 16 Jan and the Pope John Paul II assassination 15 Jan] was to go forward.

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