Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Court Backs Bush on Trials for Qaeda Suspects at Guantánamo
NY Times ^ | July 15, 2005 | DAVID STOUT

Posted on 07/15/2005 10:55:54 AM PDT by neverdem

WASHINGTON, July 15 - In a significant victory for the Bush administration's antiterrorism policy, a federal appeals court ruled today that military commissions could resume war crimes trials of detainees at the American naval base at Guantánamo Bay, Cuba.

A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit ruled unanimously for the administration and against Salim Ahmed Hamdan, a former driver for Osama bin Laden in Afghanistan, who is facing terrorism charges.

The panel emphatically overturned a decision on Nov. 8 by a federal district judge in Washington, James Robertson, who had ruled that in setting up military commissions to try the detainees President Bush overstepped his constitutional authority and improperly brushed aside Geneva Convention provisions on the handling prisoners of war.

"The president found that Hamdan was not a prisoner of war under the Convention," Judge A. Raymond Randolph wrote for the panel in today's ruling. "Nothing in the regulations, and nothing Hamdan argues, suggests that the president is not a 'competent authority' for these purposes."

Lawyers for Mr. Hamdan, a Yemeni in his mid-30's who has denied he is a terrorist, can now appeal to the full Court of Appeals for the District of Columbia Circuit, or they can seek to appeal directly to the United States Supreme Court. But for the moment, the Bush's administration's policies and approach have been validated.

Judge Robertson had held that the commissions could not go on because they did not provide minimally fair procedures and violated international law. His conclusion threw into doubt the legal proceedings devised by the administration to deal with hundreds of suspected terrorists captured by the United States in Afghanistan during the military campaign that toppled the Taliban following the attacks of Sept. 11, 2001.

President Bush has declared all...

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Cuba; Foreign Affairs; Government; News/Current Events; Politics/Elections; US: District of Columbia; War on Terror
KEYWORDS: alqaeda; detainees; enemycombatant; gitmo; militarytribunal; ruling

1 posted on 07/15/2005 10:55:55 AM PDT by neverdem
[ Post Reply | Private Reply | View Replies]

To: neverdem

What will the SCOTUS say??? Probably reverse the reversal, the liberal trend will continue. UGH!


2 posted on 07/15/2005 11:03:55 AM PDT by alice_in_bubbaland ("Consensus seems to be the process of abandoning all beliefs, principles, values and policies")
[ Post Reply | Private Reply | To 1 | View Replies]

To: alice_in_bubbaland

A victory for Americans...not just the Bush Administration.


3 posted on 07/15/2005 11:18:09 AM PDT by Blue Turtle
[ Post Reply | Private Reply | To 2 | View Replies]

To: Congressman Billybob

ping


4 posted on 07/15/2005 11:21:55 AM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem
This is no surprise to me. The Circuit Court would have had to go against a unanimous Supreme Court decision, Quirin 1942, to rule the other way.

Congressman Billybob

Latest column: "The Fry Cook Rule for the Supreme Court"

5 posted on 07/15/2005 11:29:35 AM PDT by Congressman Billybob (Will President Bush appoint a Justice who obeys the Constitution? I give 85-15 odds on yes.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: neverdem
This is no surprise to me. The Circuit Court would have had to go against a unanimous Supreme Court decision, Quirin 1942, to rule the other way.

Congressman Billybob

Latest column: "The Fry Cook Rule for the Supreme Court"

6 posted on 07/15/2005 11:30:56 AM PDT by Congressman Billybob (Will President Bush appoint a Justice who obeys the Constitution? I give 85-15 odds on yes.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: neverdem; Congressman Billybob; kristinn; lawgirl; Publius
District Judge Robertson's absurd usurpation of the Constitution which trumps his views of international law, was bitch-slapped effectively.

I don't think the U.S. Supremes will reverse...with any luck maybe we can prevent cert from being granted...and if they take it, it might split 5-4, but for once, I don't think Justice Kennedy will do the wrong thing. I don't think he likes the idea of being blown up...Ginzburg, Souter, Breyer, and Stevens of course could care less.

7 posted on 07/15/2005 11:32:11 AM PDT by Paul Ross (George Patton: "I hate to have to fight for the same ground twice.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: neverdem

WhooooHoooo!!! This is a great victory .. and proves once again why you need judges who will not try to legislate from the bench .. but will interpret what is already guaranteed by the Constitution.


8 posted on 07/15/2005 12:33:19 PM PDT by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Congressman Billybob

Thanks for the link.


9 posted on 07/15/2005 12:38:50 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
[ Post Reply | Private Reply | To 6 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson