Today's Judicial Dunce

According to a report from the AP, U.S. District Court Judge Joyce Hens Green, appointed to her position by Jimmy Carter just before the end of his term in office, decided to hand down a bleeding heart liberal decision that threatens the security of our country by giving wartime enemies of the state, rights under our own U.S. Constitution.

"The court concludes that the petitioners have stated valid claims under the Fifth Amendment to the United States Constitution and that the procedures implemented by the government to confirm that the petitioners are 'enemy combatants' subject to indefinite detention violate the petitioners' rights to due process of law," Green wrote.

Ok, lets see?

United States Constitution ? Bill of Rights

Amendment V - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Well, it seems pretty clear here that the Fifth Amendment allows for exception during times of war or public danger. Hmmmm? last I checked we were AT WAR, but doesn't this exception pertain to U.S. military personnel? In fact, doesn't this Amendment and the whole damned Constitution for that matter, pertain to U.S. Citizens only???

The procedures used for the tribunals "are unconstitutional for failing to comport with the requirements of due process," Green concluded.

Excuse me, but how the hell can you possibly confer ?due process? rights under the U.S. Constitution on non-citizen enemy military combatants during a time of war?!?!

She said the procedures failed to give the detainees access to material evidence and failed to let lawyers help them when the government refused to disclose classified information.

We cannot allow enemy military combatants to have access to classified information without risking disclosure of covert operations currently in process during this time of war! What part of the word ?WAR? doesn?t she understand? We are extracting valuable information from them about their potential roll in terrorist activity and we cannot afford to divulge sensitive information with the possibility that they will squeal like pigs to our enemies thereby jeopardizing the lives of those who are prosecuting this war on terror!!!

"Of course, it would be far easier for the government to prosecute the war on terrorism if it could imprison all suspected 'enemy combatants' at Guantanamo Bay without having to acknowledge and respect any constitutional rights of detainees," Green said.


"Although this nation unquestionably must take strong action under the leadership of the commander in chief to protect itself against enormous and unprecedented threats, that necessity cannot negate the existence of the most basic fundamental rights for which the people of this country have fought and died for well over two hundred years," Green said.


"In sum, there can be no question that the Fifth Amendment right asserted by the Guantanamo detainees in this litigation -- the right not to be deprived of liberty without due process of law -- is one of the most fundamental rights recognized by the U.S. Constitution," she said.

What an absolute idiot. Doesn?t she get it? These scumbags are NOT American citizens, they are not on American soil and until we can ascertain that they are not enemies of the United States, they should remain potential enemy combatants and they are therefore NOT entitled to the protection of the U.S. Constitution. My God! What freakin? Cracker-Jack box did she get her JD from?

Thank God we have the U.S. Court of Appeals and the Supreme Court left to appeal this ridiculous ruling and like I said in the past, these unelected liberal activist judiciaries are the bane of our legal system and they threaten our very sovereign existence! Our law makers need to seriously work on legislation that would limit the damage these dunces can inflict by attempting to rewrite our laws!