Orin Kerr provides the definitive rebuttal to NRO’s chief birther and, well, McCarthyite hack, Andrew McCarthy:
I find McCarthy’s arguments ridiculous, and I want to explain why.
Consider McCarthy’s basic argument that lawyers who represented detainees “aided the enemy in wartime,” and should normally be guilty of treason. If that’s true, isn’t the federal judiciary, and aren’t the Justices of the Supreme Court, also guilty of treason? In fact, aren’t the judges the kingpins of this treasonous plot to “hurt the war effort”? After all, lawyers only make arguments to judges. It doesn’t actually help detainees to make argument courts reject. It’s up to the judges to rule one way or the other. If the lawyers are aiding the enemy, they’re only minor players: It’s the judges, and especially the Justices, who are the real guilty parties, as they’re the ones that actually help the detainees by ruling in their favor. Does McCarthy think the Justices of the Supreme Court are guilty of aiding the enemy, and that (if we treat them like everybody else) they should be “indicted for coming to the enemy’s aid during wartime”?
Orin goes on to provide a point by point rebuttal, factually disproving McCarthy’s smears/assertions, but Kerr sort of misses the point. McCarthy is a Bush era Republican. He doesn’t care about nuances like fact, precedent, the rule of law, or common decency. These are the folks who proudly stated they make their own reality.
And that is what is going on here- McCarthy, Cheney, Goldfarb, and the rest of the Keep America Safe scumbags have two objectives. Forcing the country to shed her laws and traditions and requiring all of us to live in their totalitarian reality, and providing rhetorical fodder for the Republican party and cover for their past criminality during the Bush era.
That is all McCarthy is concerned with- those things and nothing more. Any one who foolishly tries to engage McCarthy on the rule of law or matters of national security is playing a fool’s game. McCarthy cares about neither of those things.