Of course this shouldn’t need saying, but apparently it does. Sen. Lindsy Graham (R.-S.C.) on the proposed Busharoo courts:
It would be unacceptable, legally, in my opinion, to give someone the death penalty in a trial where they never heard the evidence against them. “Trust us, you’re guilty, we’re going to execute you, but we can’t tell you why”? That’s not going to pass muster; that’s not necessary.
Soviet-style justice is plenty good enough for the Duncan Hunter and the rest of the House Republicans, but apparently not for Graham, McCain, or Warner.
Nor is it enough for the Judge Advocates General of the Army, the Navy, and the Marine Corps.
Brig, Gen. James C. Walker, the top uniformed lawyer for the Marines, said that no civilized country should deny a defendant the right to see the evidence against him and that the United States “should not be the first.”
Meanwhile, the Senate Democrats are sitting back and letting McCain, Graham, and Warner do the work, denying the President what he and Karl Rove obviously wanted out of this: a chance to depict the Democrats as soft on terror. (Kate Zernike of the Times reports, no doubt faithfully, what she was told about the bureaucratic infighting, but how likely is it that a process not focused primarily on Election Day would have resulted in a roll-out the week after Labor Day?)
Democrats have essentially said they would back Senators Warner, Graham and McCain, leaving the Republicans to lead the fight against the administration, and allowing the Democrats to avoid political fallout from challenging the administration while maintaining their criticism of the administration’s handling of the war in Iraq.
“I think you’re looking for a fight that doesn’t exist,” Senator Harry Reid of Nevada, the minority leader, told reporters.
This morning, I had the sinking feeling that Bush, Rove & Co. might get away with this one. Now I’m not so sure. As Sam Ervin said about Richard Nixon and his crew, these folks are prepared to defy the laws of man and the laws of God. But Lincoln’s Law of Limited Public Gullibility may be beyond even BushCo’s lawbreaking powers.