Justice Delayed, Sometimes Just Finds Another Door

Over at Polipundit.com, writer “Oak Leaf” wrote about how the Bush White House is dealing with the absurd SCOTUS ruling that denied the use of military tribunals, for no reason beyond their demand that the President, in essence, get permission from Congress to do his job. Oak Leaf, a reserve Lt. Colonel with a tour in Afghanistan under his belt along with some significant experience and a better-than-average mind, linked to a draft of a resolution he found, which essentially hands President Bush back his authority to use military tribunals for terrorists apprehended and detained at places like Guantanamo.

The “Enemy Combatant Military Commissions Act of 2006”, as the bill is tentatively titled, properly observes historical and legal precedent for what is deemed the “Law of War”, and is consistent with all treaties and legislated obligations to which the United States is signatory. I should stop here and emphasize that the use of military tribunals is not only legal under the auspices of the much-vaunted yet commonly misunderstood Geneva Convention, but military courts are specified as the only acceptable kind (Article 84), and that death sentences are legal and legitimate if certain restrictions and conditions are observed (Articles 100, 102). The Congress, in this proposed Act, merely adds its consent to the administration of the President’s authority in wartime, which should not reasonably be required by this interloping court but since such is the case, this Act affirms that the President has the authority and the consent of the Congress.