President Mukasey asks Congress to Declare War

Is Michael Mukasey as nutty as Alberto Gonzalez is dishonest?

Congress should explicitly declare war against al Qaeda to make clear the United States can detain suspected members as long as the conflict lasts, U.S. Attorney General Michael Mukasey said on Monday.

Mukasey urged Congress to make the declaration in a package of legislative proposals to establish a legal process for terrorism suspects held at Guantanamo, in response to a Supreme Court ruling last month that detainees had a constitutional right to challenge their detention.

“Any legislation should acknowledge again and explicitly that this nation remains engaged in an armed conflict with al Qaeda, the Taliban and associated organizations, who have already proclaimed themselves at war with us,” Mukasey said in a speech to the American Enterprise Institute.

“Congress should reaffirm that for the duration of the conflict the United States may detain as enemy combatants those who have engaged in hostilities or purposefully supported al Qaeda, the Taliban and associated organizations,” he said.

I don’t recall recall Francis Biddle telling Congress that December 7th was a date which will live in infamy and asking it to declare war on Japan. Presumably, if President Bush actually wanted a declaration of war against a non-state actor, he could have asked for such a declaration at any point in the last 7 years. A declaration of war is obviously a serious matter, and not one which should be taken to make an attorney general’s task of defending unwise and unconstitutional detention schemes any easier.

Who knows, maybe they’re thinking of issuing some Executive Orders and repopulating Manzanar? I do know that asking Congress to give the Bush administration even more executive powers after his systematic abuse and usurpation of power aided by a largely supine Congress is a non-starter.

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Comments:

  1. Obama says Afganistan needs a sense of urgency. That Bush has lost focus on the real war.

    Maybe declaring a War would add the sense of urgency Obama (and Mukasey) feels Afganistan needs.

    Comment by Bill Baar — July 22, 2008 @ 4:35 am
  2. Congress should “declare war against” drunk drivers ( I think he’s right on target - they kill between ten and twenty thousand Americans every single year…I don’t see why they should be entitled to a trial, let’s just imprison them without telling their families where they are for six or eight years and waterboard them and stuff them into holes for solitary confinement because they might have killed someone if they had not been caught drunk driving…or let’s do it if they are drinking at a bar because they might get drunk and if they do they might drive and if the do they might have an accident and be one of the tens of thousands of killers that need to be stopped)… Let’s do the same with a drug war, and declare war against illegal immigration and just put everyone that comes over the border undocumented in one of those cells…yes, I’m being a smart a…we have fine criminal laws on the books that CONVICTED killers and THEN put them in jail for hundreds of years (including terrorists and mass murderers), whereas Bush and Mukasey can’t even do that.

    Comment by Robert Olive — July 23, 2008 @ 11:31 am