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Abortion, Bybee: Two great letters

Received two excellent letters from readers recently. One taking me to task on urging readers to let Harry Reid know that they are opposed to Kathleen Sebelius' appointment to Secretary of Health and Human Services. (She was confirmed with Harry voting for her. So, stand by for your tax dollars ever more going toward making abortion easier and more plentiful -- thank you, Harry.)

The second letter from a newly minted lawyer who reads my columns regularly on Realclearpolitics.com. He supports the defense of Jay Bybee. His letter gives me great hope that the younger generation will challenge the soft-socialism of the Democratic Party. I'll start with the second letter first.

How about a thoughtful discussion on Bybee

"Mr. Frederick,

"I read your most recent article, “What would Pol Pot do?” and the reader responses don’t surprise me at all.  As you may or may not know, I’m a newly minted attorney.  While I’m certainly no expert in the areas of torture or “enhanced interrogation” tactics, I’ve been blown away by the lack of thoughtful discussion by the media on this issue.  I read a lot of articles from a lot of different outlets and watch Fox and even on occasion MSNBC.  Rather than discussing the specific legal analysis, every commentator moves right to the “moral” issue.  This is useless.  Saying that waterboarding is “morally” wrong, is like Joe Biden saying that we have to raise taxes on the rich out of “fairness.”  The term is impossible to define.  “Morals” and “fairness” have entirely different definitions in my Indiana than they do in Nancy Pelosi’s San Francisco.  
 
"Before we start investigating anyone, I’d like to hear what law applies to the interrogations.  Contrary to popular belief, the U.S. Constitution has very little extraterritorial application, especially for individuals who are not American citizens.  This is the reason we have Gitmo in the first place, to get around the Constitution.  Additionally, if the Constitution applies, the test that would be applied under the Fourth Amendment would be the “shock the conscience” test.  (For a thoughtful discussion on the application of the Constitution to the current terror threat check on 7th Circuit Court of Appeals Judge Richard Posner’s book “Not a Suicide Pact”).  As Judge Posner points out what “shocks the conscience” changes depending on the interests involved.  Waterboarding a small time thief who may know where Grandma’s jewels are located probably “shocks the conscience,” whereas waterboarding Khalid Shiekh Mohammed when he possibly has information about the next terrorist attack that could kill many Americans doesn’t really “shock the conscience.”  Additionally, if the Constitution does apply, under the Fourth Amendment balancing test it would be very important to know what information was elicited from the detainees, which is another thing that the Democrats refuse to discuss.  
 
"If the Constitution does not apply, it would have to be some international law, most likely the Geneva Convention.  Admittedly, I have very, very little knowledge on this subject.  However, I do know that non-uniformed individuals have even fewer rights than uniformed individuals.  None of the people we have allegedly tortured were members of an official military force.  Additionally, I bet the Geneva Convention laws are as vague as the U.S. Constitution, which means they’re open to interpretation.  I doubt there is a law that specifically delineates waterboarding or dogs barking as “torture” (if there is one I’ll shut up).  And as you pointed out in your article, prosecuting someone because they define a vague term differently than you and I do is very scary.  
 
"I think these political investigations are a bunch of crap.  But if they’re going to do them, determine the applicable law and apply the facts.  I don’t need a liberal from San Francisco, or anywhere else for that matter, telling me what my morals should be.  My morals are simple, if there is someone (I don’t care if their American or not) that wants to kill me or my family, or many thousands of Americans, and I can stop it, I will do anything, regardless of the Constitution or international law, to stop it.  And like you, I’ll have no problem sleeping at night." -- Nick

Abortion sad, but important

"Dear Sherm,
      
"I agree with you, Harry Reid, Kathleen Sebelius that those who believe in the right to life.  Yet, it is not our right to dictate how an individual is to lead their life. 

"Our laws support abortion, and sadly, if a woman (girl) is in the position that she must make that awful decision to terminate an unwanted pregnancy for reasons only she can comprehend, who are we to say she must bring that life to fruition, when she doesn't have the resources to provide for the well-being of a child. You see the aftermath of people who have made the decision to bring an unwanted child into the world every day you drive to the RJ and see the aimless people wandering the streets of our city. 

 "Our President Reagan said that the Republican Litmus Test should encourage "unlimited individual freedoms" and that includes abortion.

 "My suggestion to people who are so against abortion, if you really want to help our society flourish, go out and adopt a child. Even an adult homeless one. Do something about your outrage against abortion that is positive and that will actually do something for a living breathing human being that has been cast aside by society, because his mother chose to bring him into the world, and for whatever reason that person was abandoned, neglected, or abused.
      
 "Use your platform to heal, rather than tear down people like Harry Reid who agrees with you on so many issues. We have a fine man as our Senator, and I look forward to his vote to confirm Ms. Sebelius, you should too! Maybe you should step back a few paces and see that she is a good choice for America." -- Sandra

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