Back in 1947, the 27-year-old John Paul Stevens was Justice Wiley Rutledge's clerk, so LCDR Swift, Hamdan's defense lawyer, was consulting Rutledge's dissent in Yamashita for clues.
Swift read me stirring words from Rutledge's opinion:
"The immutable rights of the individual, including those secured by the due process clause of the Fifth Amendment, belong not alone to the members of those nations that excel on the battlefield or that subscribe to the democratic ideology. They belong to every person in the world, victor or vanquished, whatever may be his race, color or beliefs. They rise above any status of belligerency or outlawry."
Swift paused and then added, "I think tomorrow's going to be a good day."
And of course it was.
We were told that after 9/11, everything had changed -- or that nothing had changed. Now that our fear will be tempered by hope, the real conversation can begin.
