Posted on 07/15/2005 9:25:20 AM PDT by Philo1962
By PETE YOST, Associated Press Writer
18 minutes ago
WASHINGTON - A federal appeals court put the Bush administration's military commissions for terrorist suspects back on track Friday, saying a detainee at the Guantanamo Bay prison who once was Osama bin-Laden's driver can stand trial.
A three-judge panel ruled 3-0 against Salim Ahmed Hamdan, whose case was halted by a federal judge on grounds that commission procedures were unlawful.
"Congress authorized the military commission that will try Hamdan," said the U.S. Court of Appeals for the District of Columbia Circuit.
The protections of the 1949 Geneva Convention do not apply to al-Qaida and its members, so Hamdan does not have a right to enforce its provisions in court, the appeals judges said.
U.S. District Judge James Robertson ruled last year that Hamdan could not be tried by a military commission until a competent tribunal determined that he was not a prisoner of war.
"We believe the military commission is such a tribunal," said the appeals court.
(Excerpt) Read more at news.yahoo.com ...
Excellent. Who were the 3 judges?
Good.... get the rope.
Here's a link to the original opinion of the DC Court of Appeals:
http://pacer.cadc.uscourts.gov/docs/common/opinions/200507/04
You'd have to register to use the site. Cost is eight cents per page.
This is good news for the war against terror. Please forward to your ping lists.
Before: RANDOLPH and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
Opinion for the Court filed by Circuit Judge RANDOLPH.
Concurring opinion filed by Senior Circuit Judge WILLIAMS.
Here, it's free - Find Law.
Direct link -- CADC Home
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