Reasonable Doubt -or- Taylor made hysteria
Posted by aogWednesday, 08 January 2003 at 17:18 TrackBack Ping URL
Over at Reason magazine's blog Jeff Taylor is getting a bit hysterical about the Hamdi decision. Taylor writes
it still isn't clear exactly why Hamdi is an enemy combatant, other than the government's say so. It's the kind of thing, oh, a court might need to decide
Well, according to Eugene Volokh the court record does not dispute that Hamdi went to Afghanistan to join the Taliban, that he was on the field of battle for the Taliban and that he had a weapon. Apparently what was disputed is whether he actually fired his weapon. Is Taylor agreeing that that as long as Hamdi didn't actually pull the trigger, he's not an enemy combatant? Further, three courts have now found the government's claim reasonable. So, in a real sense, multiple courts have decided it. This is knee-jerk libertarianism. Getting hysterical about cases like this is simply going to convince the American public that the Constitution is a barrier to security (when, IMHO, it's not). I'm not going to lose sleep because US citizens who take up arms against their own nation in foreign battles can be detained as POWs.