More Of Lindsey Graham’s Rights And Wrongs
On Friday, Imani Gandy pointed out the glaring hypocrisy in Sen. Lindsey Graham’s insistence that Boston marathon bombing suspect Dzhokhar Tsarnaev not be read his Miranda rights. Today, Sen. Graham and his cohort Sen. John McCain compounded their idiocy by calling for the effective end of the Fifth Amendment.
Sens. Lindsey Graham (R-S.C.) and John McCain (R-Ariz.), said Saturday in a joint statement that alleged Boston Marathon bomber Dzhokhar Tsarnaev should be denied a defense attorney and declared an “enemy combatant.”
They added in a statement on Graham’s Facebook page, “It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city.”
The two Republican conservatives have demanded that terror suspects not be Mirandized or tried in federal courts and instead be shipped to the detainee prison on Guantanamo Bay, Cuba.
There’s a big gulf between Graham asking that the public safety exception to Mirandizing Tsarnaev be invoked, and tossing the guy in Gitmo without a trial, and it involves something Graham is fully aware of:
But the Supreme Court has never said that a U.S. citizen captured on U.S. soil, like Tsarnaev, could be treated as an enemy combatant.
Therefore, Graham is stating that an American citizen on American soil captured by law enforcement officials is, at the whim of the Executive, not subject to their Constitutional rights. That’s a pretty big jump from where we are now. American citizens on foreign soil committing acts of war is one thing, but on U.S. soil? Again, the Supreme Court has never held that to be true and for a reason: it’s in direct contravention to the Fifth Amendment.
What Graham assumes that we have the right to do is declare an American citizen an “enemy combatant” while on American soil and disappear them into Gitmo forever, without trial, without explanation, without exception. That’s the very definition of tyranny that Graham and other Republicans regularly accuse the President of engaging in, and Graham is saying that it’s not only permissible but absolutely necessary for American safety.
I’m trying to reconcile how Graham says the Constitution must be obeyed to the letter in demanding any gun control measures be scrapped because of the unalienable rights of U.S. citizens defending their homes, but he sets the Fifth Amendment on fire and leaves the room when it comes to this case. I just can’t do it. The man is a clown and needs to resign from the most august deliberative body immediately for such utter self-serving nonsense.
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