Appeals Court overturns lower court pro-terrorist ruling

The Corner on National Review Online ^ | 07/15/05 | Shannen Coffin

[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.

[Eva]

Wow, this makes the appointment of a good conservative judge even more important and should bring home to Bush just how wrong a choice, that Alberto Gonzales would be. He is soft on the prosecution of the terrorists. He will never be nominated.

[cake_crumb]

As long as Darth Vader Ginsburgh is truely gone by the time this case goes to the SCOTUS, there's a better chance it won't be overtuned in favor of the EUroborgs and this decision will indeed be significant precedent.

[rockthecasbah]

Happy Friday everybody! Lots of good news and tidings gushing forth today.

[Grampa Dave]

Thanks for posting this good news.

[CitizenM]

When we hear about this on the old networks, or even FOX for that matter? Hooray for this judge.

[tutstar]

A good and right decision from an appeals court. Excellent!!

[rip033]

Your correct and has been done by the US Army in the past. The incident I remember is in the Ardennes during the Battle Of The Bulge. Several German commandos used US Military Police uniforms to disrupt the rear of the US lines during the outset of the battle. The US Army caught up with them and held military tribunals and within 24 hours after they were found guilty for violations of the Geneva convention were shot. The executions were filmed by the US Army and I do believe the film was sent behind the German lines as a reminder to the German soldiers not to pull that crap. The unit commanders handled the whole incident. They set up the tribunals and carried out the sentence. No supreme court or UN committees. That's how war is fought. This idea of trying to turn Islamo Fascists into common criminals is ridiculous. Obvious the higher courts agree. Thank God.

[jveritas]

He is soft on the prosecution of the terrorists. He will never be nominated.

To be fair to Gonzales he is one of the main the architects of the Patriot Act. Please do not accuse him of being soft on terrorists because he is not.

[jveritas]

Excellent news.

[Ernest_at_the_Beach]

Always good to remember some History!

[Airborne1986]

"Any idea what "commissions were authorized" means?"

In order to convene a Court or tribunal that can impose criminal punishments, the President must have been granted the power to do so by the Constitution or by a law passed by Congress. The Constitution expressly authorizes the convening of the Federal Courts and courts-martials. In this case, the Court found that some combination of Constitutional provisions and post 9/11 laws provided the President with the authority to convene the tribunals.

[expatpat]

Good. Wasn't the 9th, obviously.

[lonevoice]

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).

As hard as it is to believe this should ever have landed in the judicial system, at least saner legal minds prevailed. For now. When it's appealed to the Supreme Court, it'll serve as another good reminder why those appointments are so vital.

[Eva]

I've read that Gonzales did not support the use of military tribunals.

[Flint]

Rush is fixing to announce it on his program. Since the MSM uses his program for news source you likely will be hearing it on the biggies.

[Auntie Dem]

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

I've never been able to figure that one out. They've already GOT underwear on their heads--what's the big deal if we give them a fresh change?

[NonValueAdded]

This is huge (as opposed to hugh). Bump to a rational court decision!

[SeaBiscuit]

Wow, a court ruling that actually makes sense. Chalk up one for the good guys!

[NormsRevenge]

Rush is talking about this.

Thanks!

[blackie]

We are winning ~ the bad guys are losing ~ trolls, terrorists, democrats and the mainstream media are sad ~ very sad!

GWB wins another round with the bumbling lunatic left ~ Bump!