Posted on 06/28/2004 7:30:47 AM PDT by The_Victor
WASHINGTON - The Supreme Court ruled narrowly Monday that Congress gave President Bush (news - web sites) the power to hold an American citizen without charges or trial, but said the detainee can challenge his treatment in court.
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The ruling sided with the administration on an important legal point raised in the war on terrorism. At the same time, it left unanswered other hard questions raised by the case of Yaser Esam Hamdi, who has been detained more than two years and who was only recently allowed to see a lawyer.
The administration had fought any suggestion that Hamdi or another U.S.-born terrorism suspect could go to court, saying that such a legal fight posed a threat to the president's power to wage war as he sees fit.
"We have no reason to doubt that courts, faced with these sensitive matters, will pay proper heed both to the matters of national security that might arise in an individual case and to the constitutional limitations safeguarding essential liberties that remain vibrant even in times of security concerns," Justice Sandra Day O'Connor (news - web sites) wrote for the court.
O'Connor said that Hamdi "unquestionably has the right to access to counsel."
It's official. We are now a tyranny.
Not until a Dem is in office. Then the howling begins.
Fox just said that Bush lost the cases...what gives?????
Oh yeah.
I forgot.
It's okay when our side does it.
Or move to a country where the courts run wars.
Hardly a tyranny. Methinks that's an over-reaction.
This is wrong....
Bush wins again.
And it is official that you are not serious about the War on Terror.
This causes a serious habeas corpus problem. The detainee can not contact counsel and the court will not give standing to those who seek to obtain a writ.
Now I have no sympathy for the monsters locked up at Gitmo, but that is pretty much what happened when some lefty lawyers on the West Coast went in for a writ.
Remember 'habeas corpus' essentially means " I will have the body". In other words the court requires the authority holding the person to bring him into court for a hearing on the validity of the detention.
The meek shall inherit the earth....six feet of it to be exact.
track down mikey moore
I am really confused they reported on Fox that both decisions by SCOTUS were losses to the administration.
Hold your horses. The same decision gives the gits at Gitmo access to US Courts.
That's ridiculous.
I'm thinking that the Court just let the terrorist have a great win....I'm thinking that they have hurt this country badly.
That might make sense if we bothered to have Congress declare war anymore.
Good old Dane. If they put up death camps and filed our citizens into them, you'd cheer it on. "Yay!" you'd exult, "They were probably terrierists, the bastids!"
Well, I always must bear in mind that Nazi Germany also had its supporters.
That thought helps me understand you.
Well, I always must bear in mind that Nazi Germany also had its supporters.
Why don't you just make it official and go over to DU, your hysterical paranoid tin foil hyperbole fits like a glove over there.
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