Monthly Archives: June 2008

Darkness at the End of the Tunnel |Weekly Standard

Israel has just carried out a major aerial exercise, putting a hundred or so F-15s and F-16s into the skies over the eastern Mediterranean, evidently a rehearsal for a strike against Iran’s nuclear facilities. The move follows the statement earlier this month by Shaul Mofaz, Israel’s deputy prime minister, that an Israeli attack on Iran’s nuclear program is “unavoidable.” Israel almost certainly knows the location of some of the critical nodes in the Iranian program that it must hit if it is to set the Iranian effort back by several years. It also possesses the technology to assure that its bombs will fall close to or on their targets. But would such a strike succeed?

We cannot know the answer, and neither can the Israelis. The question calls attention to what might be called the ongoing Counterrevolution in Military Affairs.

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The Home-Front Battle Heats Up | Wall Street Journal

By granting the right of habeas corpus to prisoners at Guantanamo Bay, the Supreme Court recently knocked down the handiwork of both the executive branch and Congress. Meanwhile, the House passed a new surveillance bill last week, after years of bitter debate and temporary fixes. And yet who knows what the Supreme Court will say after the bill becomes law?

Clearly we are still grappling with the basic constitutional conundrums of the age of global jihad. In “Law and the Long War,” Benjamin Wittes, a fellow at the Brookings Institution, sets out to determine just where our crucial post-9/11 policies fit in our constitutional framework and legal traditions. Along the way, he tries to define the proper role of our three branches of government amid the changing circumstances of a war unlike any other we have fought in our past. Continue reading

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In the Matter of George W. Bush v. the Constitution

Commentary

The indictment of the Bush administration for its conduct of the war on terrorism is both familiar and increasingly insistent. In the aftermath of 9/11, it is charged, the White House responded in ways that not only traduced the U.S. legal system but radically transformed it, stripping American citizens of time-honored rights, trampling on the fundamental premises of our Constitution, and bringing shame on our country for extreme and illegal practices in the treatment of suspected adversaries.

Click here to read more of  my article, In the Matter of George W. Bush v. the Constitution, in the June 2008 Commentary.

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