So you think I got an evil mind, I'll tell you Honey

Dover Bitch has a great post over at Digby's place:

I was travelling last week and I'm still catching up on all the news I missed. Today, I read the Fourth Circuit's al-Marri opinion and is it a doozy (PDF).

If John Yoo and David Addington weren't done emptying out the liquor cabinet by p. 71, the conservative court's smackdown of the unitary executive theory here was probably enough alone to send them into a slurred-speech babble (emphasis mine):

In light of al-Marri’s due process rights under our Constitution and Congress’s express prohibition in the Patriot Act on the indefinite detention of those civilians arrested as "terrorist aliens" within this country, we can only conclude that in the case at hand, the President claims power that far exceeds that granted him by the Constitution. 17

. . . After the 2006 elections, the concern-troll Republicans warned the new majority they better not "overreach." Certainly, nobody will accuse them of doing that with a straight face.

. . . Great news from the Fourth Circuit and incredible to see how roundly rejected the law-breaking of this president has been. After watching Congress abdicate their obligations for so long, the hearings these past few months have been nothing short of flabbergasting. Learning that the leaders of the Justice Department were, at one point, on the verge of resigning, and now seeing conservative courts saying "enough..." It makes me think this might be America, after all.

Sounds about right to me. But some of her commenters disagree:

Everyone always says, "When future historians look back on the Bush administration...."

I love the optimism. Just imagine: There's a future where the rule of law prevails and American values remain the guiding light of published, quoted historians.

It's adorable. Really.

And:

The truly sad thing is that it doesn't matter. None of these criminals will see justice. Congressional Dems took impeachment off the table over process and political bullshit - when what we need right now is accusations, indictments and fury in the face of lawlessness...but still, American Idol has its moments, and nobody seems to be paying attention.

Seems like the concern trolls have landed here as well. Look, if you really feel that all is lost, that the Dems will never get it together, then boo-freakin'-hoo for you. Act, don't whine.

Join your local Democratic Party, attend meetings, become a Convention Delegate, in other words, become part of the process and not just a complainer.

Or if you have more money than time, contribute every cent you can to whomever you believe in, whether it's your Congressperson, or a Presidential hopeful. There is plenty of room under this big tent for optimists, but not really any for whiners.

By the way, here is what wingers say about al Marri:

As unlikely as it might seem, Peoria, Illinois is a hotbed of terrorist activity, according to the FBI. Yep, Peoria. It appears that Peoria is part of a 7-city “circuit” that disperses terrorists all across the U.S. – starting from San Francisco or Los Angeles, then moving to Phoenix, Denver, Peoria, Champaign (Illinois) and New York. Take for example the enemy combatant seen here in this mug shot: Ali Saleh Kahlan al-Marri, arrested in late 2001 by the FBI. He lived in West Peoria, and the feds allege he has direct ties to al-Qaeda and Osama Bin Laden. Looking at the ice-cold hatred in those eyes, we’re inclined to believe the feds on this one.

Hatred? Dude looks more like a member of Quiet Riot back in the day. Whatever.