Bye Bye Rule of Law

Well, I was going to say that I was encouraged by the fact that George Bush deigned to visit the Capitol this morning, suggesting to me that the legislation might be in trouble and that the Specter Amendment affirming habeas corpus protections might pass.

But it just failed 48-51. Every Democrat voted for it but Nelson of Nebraska. Chafee, Gordon Smith, John Sununu and Specter broke Republican ranks. But it failed.

So we continue rushing off a cliff and legalizing secret, indefinite and torture-filled detentions.

Here’s what happens when this irresponsible Congress railroads a profoundly important bill to serve the mindless politics of a midterm election: The Bush administration uses Republicans’ fear of losing their majority to push through ghastly ideas about antiterrorism that will make American troops less safe and do lasting damage to our 217-year-old nation of laws — while actually doing nothing to protect the nation from terrorists. Democrats betray their principles to avoid last-minute attack ads. Our democracy is the big loser.

A smart political party would hold this against those that codified it into law. This could easily, EASILY backfire. We'll see if anyone has the stones to do it.

UPDATE: Josh Marshall sensibly notes that the Warner-McCain-Graham "men of principle" triumvirate just voted to deny habeas corpus protections. They are mavericks, all right. Proudly showing their streak of indepdendence from the Constitution.