Trust Me, I’m A Lawyer

Once again, Congress is setting up a Constitutional showdown with the Supreme Court, and a potentially cataclysmic showdown with their constituents. The National Defense Authorization Act of 2012, section 1031, includes language which, in effect, suspends habeas for all U.S citizens indefinitely! This would permit the military apprehension and indefinite detention, without judicial review or trial, of any U.S citizen anywhere, including within the United States.

There is a provision under which those citizens so detained could be tried under the military tribunal system, this in direct contravention of established law (see ex parte Milligan). Oh well, we should just trust that they know what they are doing, right? After all, they are, in large measure, lawyers who deal with the nuance of what is is every day? They must know what they are doing, but protecting and defending the Constitution of the United States is not what they are doing, nor do they have a good track record at constructing law in accordance with that document. In case after case, the Supreme Court has sent them back to their books and backrooms where they attempt to destroy the protections they pledged to defend. Hamdan, Hamdi, and Boumediene all testify to their incompetence and worse than lousy batting average in the court.

So when Senator Levin tells us that section 1031 has already been upheld in Hamdi, his track record should give us pause. It is apparent from his statement that he either doesn’t understand the language of the bill which he crafted or doesn’t understand what Hamdi (or Boumediene or Miiligan) settled. Frankly, I don’t even know if Mr. Levin has a law degree, but if he does, perhaps he should be trying to resurrect cash for clunkers or request certiorari on his sheepskin.