When the Brits get a shiny new toy, the children populating the Bush administration want one too:
Attorney General Alberto R. Gonzales on Monday ordered a side-by-side review of American and British counterterrorism laws as a first step toward determining whether further changes in American law are warranted.
The plot to blow up airliners bound from Britain to the United States has highlighted differences in legal policies between the two allies, with American officials suggesting that their British counterparts have greater flexibility to prevent attacks.
Newly revised British counterterrorism laws, for instance, allow the authorities to hold a suspect for 28 days without charges, where American law generally requires that a suspect held in the civilian court system be charged or released within 48 hours.
Homeland Security Secretary Michael Chertoff said in appearances on the Sunday morning news programs that he thought bringing American laws more closely into line with Britain’s, particularly regarding the detention of terror suspects without charges, could help deter threats at home.
“I think certainly making sure that we have the ability to be as nimble as possible with our surveillance, it’s very important,†Mr. Chertoff said on “Fox News Sunday.â€
“And frankly,†Mr. Chertoff added, “their ability to hold people for a period of time gives them a tremendous advantage.â€
Mr. Gonzales echoed those remarks Monday in an appearance before a veterans group in Chicago. Asked about Britain’s 28-day policy, he said, “That may be something we want to look at,†according to an account by The Associated Press. But he also said: “Is it consistent with our Constitution? We have to look at that.â€
I look forward to General Gonzales’ informed Con law opinion. I’m sure it will be innovative, paradigm-shattering stuff. It might also have the bonus of forcing Supreme Court Justice Antonin Scalia to eat his pompous words:
Scalia: Well, most of those questions should be addressed to Justice Breyer because — (laughter) — because I do not use foreign law in the interpretation of the United States Constitution.
[...]
…if you talk about using it constitutional law, you know, you talk about it’s nice to know that, you know, that we’re on the right track, that we have a same moral and legal framework as the rest of the world. But we don’t have the same moral and legal framework as the rest of the world, and never have. If you told the framers of the Constitution that we’re after is to, you know, do something that will be just like Europe, they would have been appalled. And if you read the Federalist Papers, it’s full of, you know, statements that make very clear they didn’t have a whole lot of respect for many of the rules in European countries. Madison, for example, says — speaks contemptuously of the countries on continental Europe, quote, “who are afraid to let their people bear arms,” closed quote.
Gonzo vs Nino: This time it’s Constitutional!