Today is a big day for Mohammed Jawad, and for American national security as a whole. Today, Jawad will appear before a federal judge in Washington, D.C. for the first hearing of his habeus challenge, during which his lawyers will argue that he has improperly been held indefinitely due to a false confession coerced through torture.
Jawad was only fourteen years of age–some say seventeen–when he used a grenade to attack and injure two U.S. soldiers and their interpreter in Afghanistan. He alleges that he was subject to enhanced interrogation techniques, including waterboarding, while in custody.
Presiding over the hearing will be Judge Ellen Huvelle, the same judge who, back on March 31, raised eyebrows by ordering the release of another Gitmo detainee without providing reason why. On that day, I looked at Judge Huvelle’s husband’s history of donating far and wide to liberal Democratic Party candidates, and wrote the following:
If these terrorists are released from Guantanamo and placed in prisons here in the United States, they will be allowed the same rights that American citizens enjoy, and will see trial in American courts. This will undoubtedly open the door for ACLU types to hone in on evidentiary and other problems — it won’t take long for some hippie to argue that a particular detainee’s Fifth Amendment privilege against self-incrimination was violated because he wasn’t properly Mirandized upon being picked up in a cave along the Afghani-Pakistani border.
And, depending upon a particular judge’s interpretation of our Constitution and preconceived notion of whether constitutional rights apply to people who’d like nothing more than to see the United States burn, we might see an instance where an enemy combatant is set free with little or no reason given. Now, I’m not saying that this was the case, but the Hon. Ellen Segal Huvelle isn’t exactly a raging conservative.
That day, a little less than a month ago, I honed in on hypothetical Miranda problems as a possible focusing point which could be used by the ACLU to facilitate the release of Guantanamo Bay detainees. That was before news broke that the ACLU had fostered the release next month of supposed detainee torture photos from detention centers across the globe. Now, it becomes increasingly apparent that the ACLU will use the allegations of so-called torture, supported by the photographs and accompanying public outrage, to petition judges such as Huvelle to strike any damaging statements made by the detainee, or to release outright the detainee in question.
Hence the importance of Jawad’s hearing today.
My friends, I hate to say it, but Iraq and Afghanistan are not the only fronts for the Global War on Terror. In fact, I now understand why President Barack Obama pushed for the war to be characterized instead as an “Overseas Contingency Operation” — he wanted people who don’t know otherwise to overlook the more and more obvious fact that the third front in this epic conflict is on our own shores. Our soldiers bleed and die fighting perverse ideology abroad, while we are forced to fight pervasive ignorance here at home.