SharksWithLasers -- Seth Cooper

A CUTTING-EDGE BLOG FOR THE WORLD OF THE 21st CENTURY, Currently operated by Seth L. Cooper, a 27 year-old attorney in Seattle (sethlcooper at comcast dot net)

Tuesday, January 18, 2005

JUDGE GONZALES CONFIRMATION APPEARS IMMINENT, BUT DETRACTORS’ WACKINESS PERSISTS. A solid and succinct analysis of the ridiculous but repeated charges by the misguided opponents of Judge Alberto Gonzales is provided by Doug Kmiec (here) in today’s National Review Online. Two paragraphs in Kmiec’s article stand out:

The Geneva Convention exists not simply as a convenient political banner by which to chastise the president's handling of the war but also as a law with its own defined meaning. Misreading Geneva for partisan purposes may seem inconsequential until it is realized that doing so may deny the reasonable on-going interrogation of terrorists and our only practical way of avoiding a subsequent terror attack.

Expert lawyers know never to assume, and Judge Gonzales started with the sound premise that it could not simply be taken for granted that Geneva ought to apply to terrorists. Al Qaeda does not meet the criteria under the convention of being a regular army. September 11 itself, and more than one barbaric beheading, reveal as much. The radical Islamic terrorists who have declared war on us, fight without military command structure and out of uniform, employ concealed weapons, and disregard the laws and customs of war, by, for example, targeting civilian populations.

A couple of law deans who are internationalist international law scholars with an ax to grind have echoed the erroneous charges against Judge Gonzales that have constantly been repeated by leftwing groups. The fact of the matter is that international law does not come equipped with a grand interpreting body that can apply these provisions neatly and cleanly to every new contingency and to each unique situation. This is one of the reasons that certain leftwing ideologues have been pushing for the creation of international courts and tribunals. Short of this, many international law professors see themselves as the ultimate expositors of international law. And guess who would be the likely candidates for the judicial appointments to such international tribunals? Try those same international law professors. Until they get their official recognition as the infallible interpreters of international accords and agreements, they’re just tryng to make due as best they can-- testifying as platonic guardians of international law.

Back to Judge Gonzales. A recent AP story carried in my local Seattle P-I discusses the Judge’s testimony before the Senate Judiciary Committee today, and discusses his imminent confirmation. The story suggests that Judge Gonzales will be confirmed when the Senate gets back into session following President Bush’s inauguration—January 20.

(Downtown Seattle, WA)


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