In Tuesday’s National Review online Andrew McCarthy unequivocally asserts that the Federal courts have just surrendered in the war against radical Islam with a ruling by a U.S. Court of Appeals for the D.C. Circuit three-judge panel in al Odah v. United States. How so?
And just how much and what kind of intelligence information must be shared?
Not, alas, according to this court. The judges believe the highest national priority is not winning a war but vindicating the Boumediene injunction to conduct “meaningful” judicial review of the military’s detention decisions. Therefore, it holds, the government must surrender anything in its file that might be helpful to an individual combatant’s case.
It makes no difference that the information is not exculpatory. The judges reason that information that is not “actually inculpatory” (emphasis in original) could be helpful to the detainee...
And that, folks, is what you end up with when the courts assume effective control of what are and should be Congressional and Executive areas of responsibility. Instead, everything is second-guessed.
Good grief! This is one idiotic way to run a country.