The US Circuit Court restores habeas and a Georgia Court brings sanity to an out-of-control prosecution.

I am sure both will be bashed by “conservatives” as judicial activism. But, dammit, we need some judicial activism when the President is determined to shit all over the Constitution, the law and our treaty obligations. That’s what they are there for. If they are just going to jump every time the President says “frog”, what’s the point in having a judiciiary.

It’s called checks and balances, you totalitarian twerps. Read up on it.

One other point to make regarding habeas: it shouldn’t have gotten to this point. Too often we think that the constitutionality of a law can only be decided by the courts. But the Congress and the President take an oath:

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter

Both the President and the Congress are obligated to oppose any law or statute which they believes violates the Constitution. But the attitude of both became obvious early on — when they supported a McCain-Feingold law they knew restrained free speech because it was popular. That was an early warning sign that the GOP saw the Constitution as an impediment, not a pact.

We should rarely have to fall back on the courts to defend liberty. And shame on this Administration that we had to on such a fundamental liberty.