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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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To: TonyInOhio

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.


41 posted on 07/15/2005 9:31:22 AM PDT by Eva
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To: TonyInOhio

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.


42 posted on 07/15/2005 9:44:01 AM PDT by cake_crumb (Leftist Credo: "One Wing to Rule Them all and to the Dark Side Bind Them")
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To: TonyInOhio

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


43 posted on 07/15/2005 9:52:33 AM PDT by rockthecasbah
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To: TonyInOhio

Thanks for posting this good news.


44 posted on 07/15/2005 9:56:21 AM PDT by Grampa Dave (The civilized world must win WW IV/the Final Crusade and destroy Jihadism!)
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To: TonyInOhio
When we hear about this on the old networks, or even FOX for that matter? Hooray for this judge.
45 posted on 07/15/2005 10:02:08 AM PDT by CitizenM ("An excuse is worse than an lie, because an excuse is a lie hidden." Pope John Paul, II)
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To: TonyInOhio

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


46 posted on 07/15/2005 10:30:28 AM PDT by tutstar ( <{{--->< OurFlorida.true.ws Impeach Judge Greer)
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To: Publius6961
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.
47 posted on 07/15/2005 10:36:38 AM PDT by rip033 (.)
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To: Eva
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.

48 posted on 07/15/2005 10:46:37 AM PDT by jveritas (The left cannot win a national election ever again and never will the Buchananites and 3rd parties)
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To: TonyInOhio

Excellent news.


49 posted on 07/15/2005 10:47:10 AM PDT by jveritas (The left cannot win a national election ever again and never will the Buchananites and 3rd parties)
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To: rip033; Grampa Dave; NormsRevenge

Always good to remember some History!


50 posted on 07/15/2005 10:48:32 AM PDT by Ernest_at_the_Beach (History is soon Forgotten,)
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To: xzins

"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.


51 posted on 07/15/2005 10:54:08 AM PDT by Airborne1986 (Well, you can do what you want to us. But we're not going to sit here while you badmouth the U.S.A.)
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To: TonyInOhio

Good. Wasn't the 9th, obviously.


52 posted on 07/15/2005 11:01:51 AM PDT by expatpat
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To: Pride in the USA; Stillwaters
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.

53 posted on 07/15/2005 11:02:04 AM PDT by lonevoice (Vast Right Wing Pajama Party)
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To: jveritas

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


54 posted on 07/15/2005 11:02:43 AM PDT by Eva
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To: CitizenM

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.


55 posted on 07/15/2005 11:04:42 AM PDT by Flint
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To: tiki
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?

56 posted on 07/15/2005 11:04:56 AM PDT by Auntie Dem (Hey! Hey! Ho! Ho! Terrorist lovers gotta go!)
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To: TonyInOhio

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


57 posted on 07/15/2005 11:05:22 AM PDT by NonValueAdded ("Iraq is the bug light for terrorists" (Mike McConnell 7/2/05))
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To: TonyInOhio

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


58 posted on 07/15/2005 11:10:53 AM PDT by SeaBiscuit (God Bless all who defend America and Friends, the rest can go to hell.)
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To: TonyInOhio

Rush is talking about this.

Thanks!


59 posted on 07/15/2005 11:11:02 AM PDT by NormsRevenge (Semper Fi ... "To remain silent when they should protest makes cowards of men." -- THOMAS JEFFERSON)
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To: TonyInOhio
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!

60 posted on 07/15/2005 11:44:40 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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