http://www.nytimes.com/2004/05/07/opinion/07LEWI.htmlInstead of a country committed to law, the United States is now seen as a country that proclaims high legal ideals and then says that they should apply to all others but not to itself. That view has been worsened by the Bush administration's determination that Americans not be subject to the new International Criminal Court, which is supposed to punish genocide and war crimes.
Fear of terrorism ? a quite understandable fear after 9/11 ? has led to harsh departures from normal legal practice at home. Aliens swept off the streets by the Justice Department as possible terrorists after 9/11 were subjected to physical abuse and humiliation by prison guards, the department's inspector general found. Attorney General John Ashcroft did not apologize ? a posture that sent a message.
Inside the United States, the most radical departure from law as we have known it is President Bush's claim that he can designate any American citizen an "enemy combatant" ? and thereupon detain that person in solitary confinement indefinitely, without charges, without a trial, without a right to counsel. Again, the president's lawyers have argued determinedly that he must have the last word, with little or no scrutiny from lawyers and judges.
There was a stunning moment in President Bush's 2003 State of the Union address when he said that more than 3,000 suspected terrorists "have been arrested in many countries. And many others have met a different fate. Let's put it this way: They are no longer a problem for the United States."