(3-judge panel, 9th Circuit) Rules ALL GITMO detainees must have access to an attorney

Fox

[Dog]

AP via Fox news alert..

Lord help us from the judges..

[Cogadh na Sith]

The court took away Gitmo from him and gave it to the U.S. Can we stop paying rent now?

No. Any change in the lease would have to be ratified like a treaty I suspect...

[cajungirl]

I think Pres Bush ought to put these guys in a plane, fly them back to Afghanistan and let them try them and execute them the same day. If that doesn't work, release the whole bunch in say, Montana, at a planned date and time.

[Domestic Church]

What the...judical coup d'etat?

[nightdriver]

It's time to arrest some judges.

[JimSEA]

Thanks for the link. If I read the dissent correctly, the SCOTUS will have decided this issue soon and the 9th Circuit is being "political" as per norm. The real damage to Bush in this is the bringing up of a divisive issue where many conservatives are uncomfortable with the implications of indefinite detainment without a declared war. Also, the even more divisive issue in the Padilla case will tie in with this in the public's mind (even though the issues are different).

[Lazamataz]

While I am not thrilled with this ruling, since they are foreign nationals captured in wartime circumstances, I'm equally not thrilled with being detained indefinately without charges or a prospect of release. There has to be a medium struck. Squeeze info out of them, then if they have killed a US soldier without being under color of another nations flag, try em for murder -- or let em go.

[oceanview]

I don't see this as damaging Bush at all.

[Lazamataz]

Court ruled Gitmo is US territory, not Cuban.

Oh, I see, so they are just making it up as they go along.

[oceanview]

we will let them go when the war is over.

[Lazamataz]

Court ruled Gitmo is US territory, not Cuban.

I've decided France is also US territory.

See? I'm a Ninth Circuit Court of Appeals Judge.

It's fun and educational!

[rwfromkansas]

That's it, Bush should just say screw the court and ignore the ruling.

[Lazamataz]

we will let them go when the war is over.

Since the War on Terror can never be over, you'd hold them forever.

[TheBattman]

And the fact that it's not up to the Senate. US Const., Art. I, Sec. 2, Cl. 5.

The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.

And then under Section 3, regarding the Senate: "The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation."

Which just serves as a reminder of just a few years back with the impeachment fiasco of X42. The House serves somewhat like a "Grand Jury" by deciding that charges are in fact justified. The Senate acts as the "final jury".

[angkor]

the implications of indefinite detainment without a declared war

Thanks for mentioning that.

Many people believe we are in a state of declared war, which we are not.

From day one, I thought GWB's failure to demand this of the Congress was going to come back to bite him (and us, America) on the butt.

And now we see the consequences, including Padilla.

I suppose GWB could always go back to Congress and ask for a declaration of war against al Qaeda, et al, but that perhaps has other ramifications I'm not aware of.

[jimbo123]

They took away Gitmo from Castro, a fellow Marxist. The libbies are really eating their own these days.

[oceanview]

what's your point?

[twigs]

9th Circus will make it all the easier for Bush

But at too great a price. This puts us all at risk. These people will smell our liberties (and in this case our weakness) like a shark smells blood in water.

[hankbrown]

IMHO it is time for the SENATE to institute impeachment proceedings.

Be careful what you wish for. There could come a day when the Democrats control the Senate and start impeaching conservative judges because they don't like their opinions (i.e., anti-abortion decisions).

[oceanview]

the Dem Senate would never have voted for it after 9/11, and with a one seat majority and people like Specter and Snowe et al, we could mever win that vote.