By Bruce Fein

WASHINGTON, DISTRICT OF COLUMBIA – In confronting international terrorism, President George W. Bush and Congress have abandoned the Founding Fathers’ suspicion of unchecked power in favor of the French Revolution’s Jacobins.

Their creed, voiced by Louis de Saint Just, proclaimed, “No liberty for the enemies of liberty.”

Accordingly, suspected enemies were routinely imprisoned without trial based on edicts of the French Terror. President Bush has echoed the militant Jacobins: “We must not let foreign enemies use the forums of liberty to destroy liberty itself.”

He has similarly detained suspected unlawful enemy combatants at Guantanamo Bay indefinitely on his say-so alone.

In so doing, President Bush has suspended the Great Writ of habeas corpus, with the consent of Congress in the Military Commissions Act of 2006, by denying enemy combatant suspects an opportunity to challenge the factual or legal foundations for their detentions before an independent and impartial federal judiciary.

Congress should restore habeas corpus at Guantanamo Bay and renounce the Jacobins’ creed. An attempt in the Senate recently failed, but should be renewed.

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