Commenting on a really, really stupid question from Stephen Hayes of the Weekly Standard, Anonymous Liberal points out:
First, of course Bin Laden would get habeas rights if he were held at Guantanamo. Since when do rights vary based on your name? But more importantly, why should anyone find it troubling that Osama would have such a right? If he sought to petition a court, it would result in the easiest and most predictable judicial decision ever. Habeas corpus just means that you have the opportunity to challenge the lawfulness of your detention. The evidence against Bin Laden is overwhelming. He would have the right to challenge his detention, but he would lose, quickly and decisively.
But beyond that obvious point, there’s a deeper ignorance at work here. Embedded in Hayes question is the bizarre and completely unamerican notion that your legal rights should somehow depend on how “bad” a person you are. The more serious the crimes for which you stand accused, the less rights you should have under the law. But that’s quite obviously not how any system of rights is supposed to operate. Hayes’ question is like asking whether a serial killer has the right to counsel or the right to a jury trial. Of course he does. The whole point of due process is to determine whether someone is guilty. It’s the punishment that is supposed to vary depending on the seriousness of the crime, not the process.
It’s pathetic that someone with even moderate intelligence would ask a question like that or think that it was in any way insightful.
Of course, asking insightful questions isn’t what the press and the wingnuts want. It could be argued that they don’t even know how to ask insightful questions. The point of such questions is to get folks scared or angry or both — ‘cause when you are scared or angry or both, the critical reasoning faculties tned to shut down.
You don’t want an electorate that actually thinks, do you?
(hat tip: Carpetbagger Report)




Lately...