by Max Brantley
When the 4th Circuit Court of Appeals says a Republican president is acting unlawfully through indefinite detention at Guantanamo, you KNOW he's waaay over the line.
“To sanction such presidential authority to order the military to seize and indefinitely detain civilians," Judge Diana Gribbon Motz wrote, “even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution — and the country.”
UPDATE: I note that two Democratic-appointed judges formed the majority in the 2-1 decision. When the Repubs on the 4th circuit get hold of this, it might well be reversed. And a reader notes, correctly, that this isn't about Gitmo specifically, only about the types of tactics Bush has used to populate prisons in his war.
The president got a reprieve of sorts today on another case where his administration has sneered at the Constitution, through the politicization of the Justice Department. A motion to allow a vote on a no-confidence resolution on Attorney General Alberto Gonzales drew a majority of the senators, but not the 60 needed to end debate.