Legal Commentary

Andrew McCarthy Sticks to His Guns (And He May Be Pointing Them at You Next)

By Orin Kerr

I posted a few days ago about about why I thought Andrew McCarthy?s position about the DOJ lawyers who had represented Gitmo detainees was ridiculous. I checked back in to see what McCarthy has written since. McCarthy hasn?t respond to my post, as far as I know, but he has written more about his views on treason and terrorism. What I found was frightening.

Perhaps the most amazing contribution is this post from yesterday, in which McCarthy suggests that those on the political left are basically in favor of Al Qaeda. To be fair, McCarthy acknowledges that the view of liberals and the views of Al Qaeda are not actually identical. Rather, the views of liberals and the views of radical Islam are ?substantially aligned? because they share an ?anti-American, anti-Western, anti-capitalist, anti-individual liberty, pro-totalitarian, pro-collectivist? worldview. As between supporting the United States of America and the radical Islamist agenda, McCarthy opines, those on the left are going to support the radical Islamist agenda against the United States.

McCarthy goes on to assess the patriotism of two DOJ lawyers in particular, Neal Katyal and Jennifer Daskal. After giving it some serious thought, McCarthy announces that Katyal is an example of a ?pro-American? lawyer. Even though Katyal has represented a detainee ? a ?mark against him? ? Katyal is okay because he has agreed with McCarthy on some issues and once co-wrote an op-ed with American Jack Goldsmith. In contrast, McCarthy announces that Daskal is a ?left-wing extremist.? Daskal criticized the Bush Administration?s anti-terrorism policies so much that her positions indicate a person who ?as between the United States and the Islamists? will be ?with the Islamists?. (For the record, I know both Katyal and Daskal socially. I?ve never noticed any anti-Americanism from either of them.)

Reading over McCarthy?s post, I?m kind of curious if he thinks I?m basically a traitor, too. After all, I?ve disagreed with McCarthy many times. And I think his position here is ridiculous. Given that McCarthy?s test for patriotism appears to be how much you agree with the positions of Andrew C. McCarthy, I?m kind of curious where he thinks the line is between ?pro-American? and terrorist sympathizer.

Full post as published by The Volokh Conspiracy on March 15, 2010 (boomark / email).