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carbonhoots
old hand

Registered: 09/11/01
Posts: 1,351
Loc: BC Canada
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US supreme court quashes illegal guantanmo trials
#5802876 - 06/29/06 11:17 AM (17 years, 10 months ago) |
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Wow, I didn't see this coming. I'm glad it did though.
Military trials arranged by the Bush administration for detainees at Guantanamo Bay are illegal, the United States Supreme Court ruled Thursday.
U.S. Supreme Court quashes 'illegal' Guantanamo trials Last Updated Thu, 29 Jun 2006 12:30:20 EDT CBC News Military trials arranged by the Bush administration for detainees at Guantanamo Bay are illegal, the United States Supreme Court ruled Thursday.
U.S. soldier keeps guard at the military-run prison at the Guantanamo Bay U.S. Naval Base, Cuba. The Supreme Court said U.S. President Bush was wrong to create military tribunals for the detainees at Guantanamo. Brennan Linsley/Associated Press The court found that the trials — known as military commissions — for people detained on suspicion of terrorist activity abroad do not conform to any act of Congress.
The justices also rejected the government's argument that the Geneva Conventions regarding prisoners of war do not apply to those held at Guantanamo Bay.
Writing for the 5-3 majority, Justice Stephen Breyer said the White House had overstepped its powers under the U.S. Constitution. "Congress has not issued the executive a blank cheque," Breyer wrote.
President George W. Bush said he takes the ruling very seriously and would find a way to both respect the court's findings and protect the American people.
"I haven't had a chance to fully consider this but we will work with Congress to find a way forward," Bush said during a news conference in Washington with visiting Japanese Prime Minister Junichiro Koizumi.
The Supreme Court case was brought by lawyers representing one of 10 detainees scheduled for trial. Salim Ahmed Hamdan has acknowledged having been Osama bin Laden's driver and bodyguard, but denies taking part in attacks against the United States. Hamdan is charged with a single count of conspiring to harm U.S. citizens.
Ruling reverses decision
The ruling reverses a decision by a lower court that said the trials could go ahead. Military commissions were last used by the U.S. to try Japanese suspects after the Second World War.
The Bush administration had argued that neither military courts martial nor U.S. civilian courts were appropriate for trying the Guantanamo detainees because much of the evidence would involve sensitive issues of national security.
The commissions comprised five senior military officers, and most sessions were scheduled to be held in private. A limited amount of media coverage was allowed. Defendants were represented by both military and civilian lawyers.
Hamdan's military lawyer, Lt.-Cmdr. Charles Swift, hailed the ruling as "a return to our fundamental American values and a high-water mark in legal history."
Human-rights groups have said the military commissions were overly secretive and little better than kangaroo courts.
Canadian affected
Among the 10 affected by the ruling is 19-year-old Omar Khadr, a Canadian who is scheduled to face a military commission in the fall.
Speaking in recent weeks, Bush has said he would like to close down the Guantanamo Bay detention facility, sending some detainees for trial in their home countries and releasing those found innocent.
Many U.S. allies, including Britain, have called for the prison to be closed. However, speaking before the decision was handed down, the prison's commander said he doubted that would happen.
"The impact [of a court decision against the tribunals] would be negligible," Rear Admiral Harry Harris told Reuters.
There are an estimated 450 foreign detainees being held at the Guantanamo Bay facility.
-------------------- -I'd rather have a frontal lobotomy than a bottle in front of me CANADIAN CENTER FOR POLICY ALTERNATIVES
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Annapurna1
liberal pussy

Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
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Re: US supreme court quashes illegal guantanmo trials [Re: carbonhoots]
#5806260 - 06/30/06 08:17 AM (17 years, 10 months ago) |
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this decision is definitely better than one that would have backed the neocons...however..it should come as no surprise that the SCOTUS left a gaping hole open ..
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=05-184
Quote:
3. The military commission at issue is not expressly authorized by any congressional Act. Quirin held that Congress had, through Article of War 15, sanctioned the use of military commissions to try offenders or offenses against the law of war. 317 U. S., at 28. UCMJ Art. 21, which is substantially identical to the old Art. 15, reads: "The jurisdiction [of] courts-martial shall not be construed as depriving military commissions ... of concurrent jurisdiction in respect of offenders or offenses that by statute or by the law of war may be tried by such ... commissions." 10 U. S. C. §821. Contrary to the Government's assertion, even Quirin did not view that authorization as a sweeping mandate for the President to invoke military commissions whenever he deems them necessary. Rather, Quirin recognized that Congress had simply preserved what power, under the Constitution and the common law of war, the President already had to convene military commissions--with the express condition that he and those under his command comply with the law of war. See 317 U. S., at 28-29. Neither the AUMF nor the DTA can be read to provide specific, overriding authorization for the commission convened to try Hamdan. Assuming the AUMF activated the President's war powers, see Hamdi v. Rumsfeld, 542 U. S. 507, and that those powers include authority to convene military commissions in appropriate circumstances, see, e.g., id., at 518, there is nothing in the AUMF's text or legislative history even hinting that Congress intended to expand or alter the authorization set forth in UCMJ Art. 21. Cf. Ex parte Yerger, 8 Wall. 85, 105. Likewise, the DTA cannot be read to authorize this commission. Although the DTA, unlike either Art. 21 or the AUMF, was enacted after the President convened Hamdan's commission, it contains no language authorizing that tribunal or any other at Guantanamo Bay. Together, the UCMJ, the AUMF, and the DTA at most acknowledge a general Presidential authority to convene military commissions in circumstances where justified under the Constitution and laws, including the law of war. Absent a more specific congressional authorization, this Court's task is, as it was in Quirin, to decide whether Hamdan's military commission is so justified. Pp. 25-30.
what the above means is that frist..sensenbrenner.. & co are still free to legalize bushs' policy..as they did following the 2004 rasul ruling...and surely enough..the other shoe already started to drop immediately after the decision was announced ..
http://news.yahoo.com/s/ap/20060630/ap_on_go_co/guantanamo_what_s_next
but there is also some implication (how reassuring ) that whatever policy is draughted must meet the USCMJ and the G3 convention..but the precedent from rasul is ominous at best...
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"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...
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Annapurna1
liberal pussy

Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
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Re: US supreme court quashes illegal guantanmo trials [Re: Annapurna1]
#5806981 - 06/30/06 02:40 PM (17 years, 10 months ago) |
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http://news.yahoo.com/s/nm/20060630/pl_n...HNlYwMlJVRPUCUl
Quote:
"I think in raw politics, it is a net positive for Bush to bring clarity and remind people we're in this war"
was there ever any doubt in your mind??...
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"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...
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The_Red_Crayon
Exposer of Truth


Registered: 08/13/03
Posts: 13,673
Loc: Smokey Mtns. TN
Last seen: 7 years, 12 days
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Re: US supreme court quashes illegal guantanmo trials [Re: Annapurna1]
#5807033 - 06/30/06 03:01 PM (17 years, 10 months ago) |
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Its a logistical thing, their is with no doubt going to be established permanent bases in Iraq.
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GabbaDj
BTH


Registered: 04/08/01
Posts: 19,682
Loc: By The Lake
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Re: US supreme court quashes illegal guantanmo trials [Re: The_Red_Crayon]
#5807789 - 06/30/06 09:05 PM (17 years, 10 months ago) |
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I always amazed that the rest of the world doesnt ban together to stop the US..
Ive got to give credit to our government for building relations with foreign countries who help us acheive global domination even when they know that one day we will turn on them and make them all christian soldiers.
Can anyone find a map of all the US military bases around the world? Id like to see just how far weve spread.
-------------------- GabbaDj FAMM.ORG
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niteowl
GrandPaw


Registered: 07/01/03
Posts: 16,291
Loc:
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Re: US supreme court quashes illegal guantanmo trials [Re: GabbaDj]
#5809073 - 07/01/06 06:44 AM (17 years, 10 months ago) |
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-------------------- Live for the moment you are in nowDon't be bogged down by your pastDon't be afraid of what lies in your future
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