More on Guantanamo

Though Mark Levin may have a point here, his entire rant is essentially undermined by his failure to acknowledge and grapple with the fact that many - no one knows how many - of the 450 or so inmates of Guantanamo Bay are not enemy combatants at all. As Kevin Drum notes,

the evidence has mounted for years that many of the detainees at Guantanamo were picked up randomly in Afghanistan or turned over for reward in Pakistan, and are being held with essentially no evidence at all.

All of this relates to another problem with the administration's Guantanamo policy:

Meanwhile, it's always worth recalling the administration's underlying legal theory about Gitmo. This holds that U.S. law doesn't apply there because it's in Cuba. But Cuba doesn't actually get to have sovereign control over the area either, because if it did we'd have to leave as per their request. So, basically, it's a legal null zone where you can just do whatever.

Thus, instead of seeing the Hamdan decision as some kind of attempt by SCOTUS to usurp the power of the presidency, a more accurate reading would center on SCOTUS's attempt to insist that the administration's legal reasoning needs to be based on more than purposeful ambiguity.

UPDATE: For more evidence that the Supreme Court made the right decision, see here.