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Supreme Court Blocks Guantanamo Bay War-Crimes Trials (SCOTUS rules against President)
Fox News & AP ^ | June 29, 2006

Posted on 06/29/2006 7:11:53 AM PDT by pabianice

Edited on 06/29/2006 7:41:43 AM PDT by Admin Moderator. [history]

Breaking...


Update:

WASHINGTON — The Supreme Court ruled Thursday that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees, a rebuke to the administration and its aggressive anti-terror policies.

Justice John Paul Stevens wrote the opinion, which said the proposed trials were illegal under U.S. law and Geneva conventions.

The case focused on Salim Ahmed Hamdan, a Yemeni who worked as a body guard and driver for Usama bin Laden. Hamdan, 36, has spent four years in the U.S. prison at Guantanamo...

Excerpt. Read more at: Fox News


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; War on Terror
KEYWORDS: bush; chiefjustice; clubgitmo; congress; constitution; cotus; detainees; dta; georgewbush; gitmo; guantanamo; guantanamobay; gwot; hamdan; judicialanarchy; judicialreview; judicialreviewsux; judiciary; president; presidentbush; ruling; scotus; supremecourt; usconstitution; waronterror; wot
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To: LikeLight

In 5 years from now these Terrorist will still be sitting in GITMO getting interrogated except they'll get to send a monthly letter from their cells through their Red Cross visitor.


421 posted on 06/29/2006 8:22:42 AM PDT by tobyhill (The War on Terrorism is not for the weak.)
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To: Publius Valerius

What other decision? The insanity defense? What did they rule?


422 posted on 06/29/2006 8:23:18 AM PDT by Jrabbit (Scuse me??)
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To: silentknight
So if this is true then most of this thread is misleading.

I'm guessing you wren't here the day the Ports news came out.

423 posted on 06/29/2006 8:23:40 AM PDT by Crawdad (So the guy says to the doctor, "It hurts when I do this.")
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To: mathluv
Yes, according to the ruling (emphasis mine):

The Court's conclusion, Breyer said, "ultimately rests upon a single ground: Congress has not issued the Executive a 'blank check.'...Indeed, Congress has denied the President the legislative auhority to create military commissions of the kind at issue here. Nothing prevents the President from returning to Congress tgo seek the authority he believes necessary."
424 posted on 06/29/2006 8:23:54 AM PDT by bobsunshine
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To: txrangerette
He wants it closed he has said so. This ruling opens the door for that to happen.

Bush will not close Gitmo until some disposition is made of these dangerous people.

They will probably be sent back to their home countries. When they are gone...Gitmo for terrorist will cease to exist. Closed.

425 posted on 06/29/2006 8:24:39 AM PDT by processing please hold (If you can't stand behind our military, stand in front of them.)
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To: pabianice

Senators Graham and Kyl have announced plans to introduce legislation authorizing the military tribunals.


426 posted on 06/29/2006 8:25:30 AM PDT by mak5
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To: silentknight
I just heard Senator Graham state that congress will immediately try to get a law passed to deal with the SC decision.
427 posted on 06/29/2006 8:25:37 AM PDT by tobyhill (The War on Terrorism is not for the weak.)
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To: bobsunshine
"Congress has denied the President the legislative auhority to create military commissions of the kind at issue here."

When did Congress do that?
428 posted on 06/29/2006 8:25:44 AM PDT by Steve_Seattle
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To: pabianice

my worst fear of where this all will lead, if we cannot wrest control of the GWOT away from SCOTUS, lawyers, leaking bureaucrats and the MSM....

US Homeland suffers another major attack, killing more than 9/11, wreaking havoc on the economy, and possibly leaving major swaths of an American city uninhabitable.
Senior military leaders, having watched the circus that has unfolded over the past few years, conclude that they have no confidence in the ability of the Civilian leadership inside the Beltway to successfully prosecute the war to victory, as FDR had done. Being faced with that prospect vs. the far worse prospect of losing a global war to Islamofascism, a cadre of Generals seizes power and imposes martial law for the duration (which will be found quite ironic for the bleeding-heart MSM types that are whining so hard over civil liberties). Since the GWOT can be expected to last for decades, this will set up a major battle at some far future date for the American People to try and get their Republic back.


429 posted on 06/29/2006 8:25:44 AM PDT by Buckeye McFrog
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To: RebekahT
"I think he has said that he will wait to retire until there is a president that is more in tune with his constitutional ideology (read liberal). "


Unless the moonbats have a way to to bring back his failing health, and extend his life, he may find out that, the matter is in the hands of God, and not him.
A badly ailing n 89 year old guy is not exactly in control of when he will be retiring, is he?
430 posted on 06/29/2006 8:26:25 AM PDT by Jameison
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To: SE Mom


The WH anticipated this ruling.


431 posted on 06/29/2006 8:27:38 AM PDT by onyx (Deport the trolls --- send them back to DU)
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To: pbrown
"They will probably be sent back to their home countries. When they are gone...Gitmo for terrorist will cease to exist. Closed"

You are the president of these United States are you?
432 posted on 06/29/2006 8:27:59 AM PDT by Jameison
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To: Jrabbit

I'm still digesting the opinion (70 pages), but the Court held that the M'Naghten test is not constitutionally required by the due process clause.


433 posted on 06/29/2006 8:28:02 AM PDT by Publius Valerius
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To: LS; All
Re-reading this: apparently we can't "try" them, but I don't see anything in there saying we can't "hold" them until Keith Olbermann gets an audience or Helen Thomas dies."

This is from Pookie18's 06/23/2006 Toon's Thread. Just substitute "keep Gitmo Detainees" for "stay in Iraq", and this cartoon would work.

Photobucket - Video and Image Hosting

434 posted on 06/29/2006 8:28:14 AM PDT by musicman
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To: pabianice
(sorry if this is a repeat, posting on the run..)

Just wondering, since Gitmo seems to bother so many on the left (and left of the SC) there is always emminent domain and some nice property in New Hampshire to consider...
I'm sure a federally funded medium security prison for detainees whose rights must be protected at all costs would be a boon to the local economy.
It certainly would encourage tourism with all the relatives, supporters, news media, and candidates for office that would be drawn to the site.
A nice new mosque would prove to all that NH is more diverse than it appears to be from out here in the hinterlands!
Finally, it is a given now that "the public good" must include those poor folks currently sweltering in the Cuban heat.

Now lets see, Souter's address must be in the 'phone book...

435 posted on 06/29/2006 8:28:39 AM PDT by norton
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To: Jrabbit

I was on the fence on that ruling. It's a very sad case.


436 posted on 06/29/2006 8:29:08 AM PDT by Publius Valerius
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To: pabianice

Well, now we see why the Administration delayed bringing these military tribunals. The Supreme Court is off in lala land. Time for the President to simply assert executive privilege...and ignore this worthless Court in an area of intrinsic authority. Ie.., politely REJECT the Courts opinion. There are three constitutional bodies. And it is time that the Executive Branch, not to mention Congress, defend itself against the Imperial Judiciary.


437 posted on 06/29/2006 8:29:47 AM PDT by Paul Ross (We cannot be for lawful ordinances and for an alien conspiracy at one and the same moment.-Cicero)
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To: tobyhill

"In 5 years from now these Terrorist will still be sitting in GITMO getting interrogated except they'll get to send a monthly letter from their cells through their Red Cross visitor"

I'd say let the stay there till they rot.


438 posted on 06/29/2006 8:29:50 AM PDT by Jameison
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To: mystery-ak; pbrown; BlueAngel; Right_in_Virginia

pbrown, ping to #417, where mystery-ak repeats my post and agrees.

Mystery, pbrown stated elsewhere that Bush WANTED the Court to rule in THIS WAY because to hear him talk you know he wants to close Gitmo. And this ruling will give him his excuse to close it.

Mystery, help me, I gotta run and take care of my mom of whom I'm the only caregiver. Please help me and back me further in straigtening out this confused reaction to today's ruling.

After you watch the President's presser, of course...

Bless you!


439 posted on 06/29/2006 8:30:06 AM PDT by txrangerette ("We are fighting al-Qaeda, NOT Aunt Sadie"...Dick Cheney commenting on the wiretaps!!)
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To: Ready4Freddy

That is a very convoluted opinion; it seems most notable for its introduction of the third clause of the Geneva convention into the process.


440 posted on 06/29/2006 8:30:22 AM PDT by mcvey (Fight on. Do not give up. Ally with those you must. Defeat those you can. And fight on whatever.)
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