Home -> Law Blog Directory -> Criminal Law Blogs -> AIDP Blog

Criminal Law

: AIDP Blog

Boumedine- Symbolism over substance ?

By International Association of Penal Law

I regret that my post is delayed somewhat by travel. I am at present writing from Venice, en route to which I had occasion to do more thinking about the implications of Boumediene than I did for detailed dissection of its precise phraseology. The fortuity of my presence overseas allows me to report the prevailing media spin that Boumediene represents a reestablishment of American law and a repudiation of the U.S. military acting as ?jailor, judge, and jury.? Franklin D. Roosevelt captured the essence of the moral struggle to preserve the American way of life in World War II by telling the nation that ?the mighty action we are fighting for cannot be based on a disregard of all things worth fighting for.? The struggle to refine the optimal balance between the president?s duty to ?preserve, protect, and defend? the constitution and the executive obligation to protect American lives and property may very well be the most enduring question of our time...continue to full post

Full post as published by AIDP Blog on June 18, 2008 (boomark / email).