In today's Wall Street Journal online, UC Berkeley Boalt Hall Professor John Yoo analyses the recent U.S. Supreme Court decision, giving aliens captured in combat against the United States the right to use our courts to challenge his detention. Professor Yoo says that the Supreme Court ignored precedent, the structure of the federal government established in the Constitution, and the now discarded principle of judicial restraint. His forecast for the effect of the decision on U.S. soldiers in the field are ominous.
If Professor Yoo were less courageous, he would be more careful of challenging the political thought police of the Left. He already is practically in the dock himself to face charges of war crime. As also noted in today's Wall Street Journal, the Democratic Congress is currently issuing subpoenas to current and former Bush Administration officials, including John Yoo, to investigate allegations of torture in the interrogations of such innocent victims as Khalid Sheikh Mohammed, the planner of the 9/11 terrorist attacks:
"Democrats are spinning darkly that Mr. Haynes, former Justice official John Yoo (who has an op-ed nearby), Vice Presidential aide David Addington and others could be legally liable for 'waterboarding' and other interrogation techniques.
"[House Judiciary Committee Chairman John] Conyers recently went so far as to showcase Philippe Sands, a British professor who suggested that U.S. officials are guilty of 'war crimes' and should be subject to international arrest. Mr. Conyers applauded Mr. Sands's assertions -- which amounts to a Member of Congress goading foreigners to arrest American officials if they dare to set foot on foreign soil."
In other words, the Democratic response to Professor Yoo's criticism of Bourmediene will be, "Aw, go tell it to the judge, at the International Court of Justice in Brussels."