Publications

September 2006 Archive


Lincoln's Example

This article appeared in the September 26, 2006 issue of the Washington Times.

The nation needed Abraham Lincoln after September 11, but it got George W. Bush.

The jihadist abominations arguably confronted President George W. Bush with the dilemma of choosing between the Foreign Intelligence Surveillance Act (FISA) and the safety of the American people. He should have followed Abraham Lincoln's example during the Civil War in consulting Congress over suspending the writ of habeas corpus and promptly seeking a ratifying statute. Instead, Mr. Bush concealed his evasion of FISA, asserted monarchical powers, and scorned congressional oversight. If Lincoln's statesmanship had been emulated, Mr. Bush could have avoided his current gladiatorial clashes with Congress over checks and balances in fighting international terrorism.

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Cripple the Great Writ?

This article appeared in the September 19, 2006 issue of the Washington Times.

Fear distorts judgment. President Bush is trying to frighten Congress into crippling the Great Writ of habeas corpus, the best shield ever invented against arbitrary executive detentions.

The president's proposed Military Commissions Act of 2006 (MCA) -- even as amended by Republican Sens. John McCain, John Warner and Lindsey Graham -- would deny the Great Writ to alleged illegal combatants detained indefinitely in U.S.-controlled facilities. Not a crumb of evidence has been adduced showing the public safety requires the measure. Congress should balk.

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Too Important for Electioneering

This article appeared in the September 12, 2006 issue of the Washington Times.

President Bush's maneuver to prosecute 14 "high value" al Qaeda detainees for alleged war crimes before Spanish Inquisitionlike military tribunals would stain justice without benefit to the national security. Congress should amend Mr. Bush's proposed legislation to prohibit secret evidence or the admission of coerced statements unless the interrogator reasonably believed the coercion was legal. Justice is too important for electioneering.

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Five Years Later

This article appeared in the September 10, 2006 issue of the Lexington Herold-Leader.

September 11, 2006 is a day that will live in infamy. On its fifth anniversary, we should pause for a moment of silence to commemorate the thousands of brave victims of that days abominations. Lets roll should be as indelibly etched in the nations memory as Nathan Hales, I regret that I have but one life to give for my country.

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Patent Rights Threatened

This article appeared in the September 8, 2006 issue of the Washington Times.

Scheming is afoot in Congress to create an unjustified loophole in the patent laws for foreign infringers despite dampening the incentive to American businesses to invent. Legislation has been proposed that would facilitate the unauthorized importation of products made outside the United States by means of a process protected by a U.S. patent.

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Between War and Peace

This article appeared in the September 6, 2006 issue of the Washington Times.

The Bush administration wrongly insists America's post-September 11, 2001 conflict with international terrorism is indistinguishable from World War II. Premised on that false analogy, President Bush has claimed authority as commander in chief to violate the spirit if not the letter of the Constitution in detaining individuals, gathering foreign intelligence, frustrating congressional oversight, and creating military tribunals.

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