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So He’s Not One Himself

July 9th, 2006

This from the New York Times:

President Bush said Friday that the court had tacitly approved his use of the detention center at Guantánamo Bay, Cuba.

“It didn’t say we couldn’t have done — couldn’t have made that decision, see?” Mr. Bush said at a news conference in Chicago. “They were silent on whether or not Guantánamo — whether or not we should have used Guantánamo. In other words, they accepted the use of Guantánamo, the decision I made.”

Mr. Bush’s remarks put a favorable spin on a ruling that has been widely interpreted as a rebuke of the administration’s policies in the war on terror. The court, ruled broadly last week in Hamdan v. Rumsfeld that military commissions were unauthorized by statute and violated international law.

The question of whether Mr. Bush had properly used Guantánamo Bay to house detainees was not at issue in the case. At issue was whether the president could unilaterally establish military commissions with rights different from those allowed at a court-martial to try detainees for war crimes.

In other words, Bush is interpreting the meaning of a Supreme Court decision based on what was not specified, reading meaning into it that was not explicitly stated.

So much for strict constructionism.

If the White House press corps had any balls, the next chance they got, they’d ask him if he believed in the principle of strict constructionism, of not reading anything into legal matters that was not explicitly stated; when he replies in the positive, hit him with this.

It’s always fun to see the president of the United States stammer and stutter.

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