On Wednesday, the Supreme Court hears the case about “enemy combatant” rights. The issue at hand?
“…whether in the war on terrorism President Bush can order American citizens held indefinitely in a military jail without charges, a hearing or access to a lawyer.”
A young friend of mine has been studying the Constitution as part of her home schooling program. I was honored to be asked to help put together some of the course materials. Every now and then I like to throw something over the wall to her to see what she thinks. I sent her a bit of about the upcoming Supreme Court hearing of the Guantanamo Bay case. She had this to say:
In the Constitution, the articles, it says that all people in the US have the ‘Writ of Habeas Corpus’, which is that you can’t be detained for more than 24 hours without sufficient evidence. Now, if this was the only thing, I could see an argument for the other side, that these people aren’t US citizens, so that wouldn’t apply.
But in the 14th amendment, that all people who can be punished by US law, also get to have the protection of the US law. Since it seems as if we are intent on punishing these people, it seems like they should also have the protection of our laws.
To which I say this: Will somebody get that gal a robe?
The two in question, Hamdi and Padilla, are both US citizens, a trait they share with a young man named John Walker Lindh. Lindh’s lawyer said this:
“He was a soldier in the Taliban. He did it for religious reasons. He did it as a Muslim, and history overcame him,” his attorney, James Brosnahan, said in July.
It’s possible that Hamdi and Padilla, if given legal counsel, might cite the same reasons. What’s the difference between them and Lindh? Why was Lindh given a lawyer and a trial and even given the chance to “serve out his term in a facility closer to his family, in Northern California” when Hamdi and Padilla have been in the hole, only allowed to receive counsel as the case reaches the Supreme Court?
Please don’t mistake me for thinking these guys should get off the hook. But this clearly selective application of justice smacks of racism. Of fascism, even. A 13 year old girl can look at the Constitution and see that something is not quite right in Guantanamo Bay. Let’s hope the court doesn’t let down my young friend.