Comment Re:Interpret it correctly (Score 1) 676
As leader of the Executive branch, it was Bush's job to tug on the rope and wake Congress up. The problem was, Congress didn't tug back by making appropriate laws to cover handling of terrorists. Congress still hasn't made laws that apply. So now you get this circus of trying terrorists picked up on the battlefield in U.S. criminal courts. Criminal law doesn't adequately handle either the conduct of the military or enemies of the United States. More to the point, criminal law shouldn't handle these things (chain of custody for evidence collected on the battlefield ?!?). There needs to be new law that grants or restricts authority. Military prisons and military tribunals were the closest fit under existing laws and authority.
The Bush administration played its expected role in this tension of powers as defined in the Constitution. The Legislative branch did not. Perhaps we ought to fire them for not doing their jobs.
As for 4th amendment rights, if you make phone calls to known terrorists I damn well hope our government is listening in.