The best course is to simply ignore them. "
Okay. Keep GITMO open.
But take away the Rice Pilaf.
"
It gets dicier if the courts start ordering you to release people who are going to go out there and murder American soldiers again."
That is why I think it is sufficient for it to be under military tribunal courts, not American courts. They are, in effect POWs in the global war on terror.
The military could decide to turn them over to other jurisdictions and nations, but shouldnt be forced to do so.
"If I were President, I would simply say "No" and establish an Executive veto over judicial opinions relating to command decisions in wartime."
Ha! He's an American President not a French one.
That arrogance would get him impeached!
"But I already know from the Schiavo case that this President is not made of the right stuff to do that."
Very unfair statement. Even his own Legal counsel would not support him on it, there is no Constitutional presidential 'veto' over judicial decisions. It's why we talk of 'judicial tyranny' here, nobody overrides the courts.
"Ha! He's an American President not a French one.
That arrogance would get him impeached!
... Even his own Legal counsel would not support him on it, there is no Constitutional presidential 'veto' over judicial decisions. It's why we talk of 'judicial tyranny' here, nobody overrides the courts."
The arrogance would get impeachment proceedings started against him by the US Democratic Party.
But would a US Republican House of Repesentatives vote to impeach him?
And would 67 US Senators in a chambre with 55 Republicans vote to convict him and remove him from office.
US President Jackson overrode the Supreme Court, and President Lincoln did it many, many times during the American Civil War by categorically ignoring all Supreme Court decisions ordering the release of prisoners on the habeas corpus law. There is a very bitter opinion written by the Chief Justice of the United States under Lincoln in which he writes "I understand the writ of this court no longer runs in the land", which was true insofar as the Supreme Court attempted to tell President Lincoln how he could or could not conduct the US Civil War.
The Lincoln precedent is on topic.
Certainly an effort would be made to impeach a US President who asserted that in time of war his Commander-in-Chief authority over enemy combattants, in the case of military necessity, superseded the domestic legal authority of the Supreme Court of the United States.
But if that effort failed because the political party pressing it did not have enough votes in the US Congress to achieve it, the precedent would be established.