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Appeals Court overturns lower court pro-terrorist ruling
The Corner on National Review Online ^ | 07/15/05 | Shannen Coffin

Posted on 07/15/2005 8:06:29 AM PDT by TonyInOhio

BREAKING NEWS [Shannen Coffin]

In Hamdan v. Rumsfeld, decided today, the D.C. Circuit Court of Appeals reversed a lower court ruling that invalidated a military tribunal against a detainee at GTMO, who just happened to have been Osama's personal driver. In short, court held that commissions were authorized by Congress's post-9/11 authorization of the use of force, that the Geneva Convention was not enforceable in federal court, and even if it was, it didn't provide "prisoner of war" protection to an unlawful combatant like Hamdan.


TOPICS: Breaking News; Government; War on Terror
KEYWORDS: appeals; court; detainees; enemycombatant; gitmo; gwot; hamdan; military; militarytribunal; ruling; terrorist; terrortrials; tribunals
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This is a significant decision, in that it undercuts the entire "prisioner's rights" case that the lefties are attempting to build. A big win for the Administration (assuming it survives a Supreme Court review).
1 posted on 07/15/2005 8:06:30 AM PDT by TonyInOhio
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To: TonyInOhio

I was just about to post this myself! Glad I searched on "Court"!

Some good news!


2 posted on 07/15/2005 8:07:40 AM PDT by zook
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To: TonyInOhio

Great! Can we shoot them now for not wearing uniforms?


3 posted on 07/15/2005 8:08:05 AM PDT by Wristpin ( Varitek says to A-Rod: "We don't throw at .260 hitters.....")
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To: TonyInOhio

COOL!!!


4 posted on 07/15/2005 8:09:16 AM PDT by mlc9852
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To: TonyInOhio

(assuming it survives a Supreme Court review).
------
It will be telling to watch how the socialists on the SCOTUS vote on this one!!! Watch the birdies everyone!!!


5 posted on 07/15/2005 8:09:27 AM PDT by EagleUSA (W)
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To: TonyInOhio

Good news!


6 posted on 07/15/2005 8:09:37 AM PDT by Rummyfan
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To: TonyInOhio
Here's a link to the opinion: Hamdan V. Rumsfeld
7 posted on 07/15/2005 8:10:06 AM PDT by TonyInOhio (Would I lie to you?)
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To: Wristpin

Maybe, but we still can't put underwear on their heads, drat.


8 posted on 07/15/2005 8:10:10 AM PDT by tiki
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To: TonyInOhio

Was this the case where the lower court said the GITMO detainees had the right to be tried in US courts?


9 posted on 07/15/2005 8:11:25 AM PDT by OXENinFLA
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To: TonyInOhio; Mo1; Howlin; Peach; BeforeISleep; kimmie7; 4integrity; BigSkyFreeper; RandallFlagg; ...
Here's what was overturned....LINK

This is big news IMO!

10 posted on 07/15/2005 8:14:36 AM PDT by OXENinFLA
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To: TonyInOhio

Wow, a major victory for the good guys on three seperate levels of rulings. This should keep the district courts from meddling in the war on terror. (at least in the DC Circuit.)


11 posted on 07/15/2005 8:14:48 AM PDT by joebuck
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To: OXENinFLA
Was this the case where the lower court said the GITMO detainees had the right to be tried in US courts?

I think this is a different case. Apparently, Hamdan was to be tried before a military tribunal, which the lower court prohibited. The DC Circuit Court reversed that decision, giving military tribunals the green light.

12 posted on 07/15/2005 8:15:33 AM PDT by TonyInOhio (Would I lie to you?)
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To: TonyInOhio

The only ruling that will matter will be the Supreme Court's decision, and the previous Gitmo cases were decided 6-3.


13 posted on 07/15/2005 8:15:45 AM PDT by AntiGuv (™)
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To: Wristpin
Great! Can we shoot them now for not wearing uniforms?

The Geneva conventions allows every one of these losers to be executed upon capture.
Ostensibly, the reason this did not happen is the probability of gaining life-saving intelligence by keeping them alive.

That's the only reason.

14 posted on 07/15/2005 8:17:33 AM PDT by Publius6961 (The most abundant things in the universe are ignorance, stupidity and hydrogen)
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To: TonyInOhio
giving military tribunals the green light

Hooray!

15 posted on 07/15/2005 8:21:29 AM PDT by GVnana
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To: TonyInOhio

No I think this is the case. Check the link at post 10. He wanted habeas
corpus to be applied to his case.


16 posted on 07/15/2005 8:22:49 AM PDT by OXENinFLA
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To: TonyInOhio
Oh boooyyyy.....the Lefties are going to be seething with the ACLU foaming at the mouth over this correct decision by the D.C. appeals court.

The Left is going to ratchet up their attacks on Bush, Rove, the rest of the administration, conservatives, the military, on...and on....and on.

Next thing, they'll be complaining about how the military and Bush and his admin. are abusing the Charmin in the bathrooms for lack of anything else to spew of useless rantings.

I say: GOOD JOB ON THIS ONE!

17 posted on 07/15/2005 8:23:25 AM PDT by RSmithOpt (Liberalism: Highway to Hell)
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To: TonyInOhio

A legal battle won but the outcome of the war will likely be decided by SCOTUS.


18 posted on 07/15/2005 8:25:38 AM PDT by pt17
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To: OXENinFLA
No I think this is the case.

I defer to your superior judegment. I only play an attorney on Free Republic. :)

19 posted on 07/15/2005 8:26:13 AM PDT by TonyInOhio (Would I lie to you?)
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To: TonyInOhio

Woo hoo! Excellent decision by the Court; I hope it stands.


20 posted on 07/15/2005 8:29:03 AM PDT by Donna Lee Nardo
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