Posted on 06/29/2006 7:06:36 PM PDT by SandRat
WASHINGTON, June 29, 2006 – The U.S. government is evaluating today's Supreme Court ruling against military tribunals for detainees at Guantanamo Bay, Cuba, to find the best avenue forward, President Bush said today.
The Supreme Court ruled 5-3 this morning that "the military commission at issue lacks the power to proceed because it violates both the (Uniform Code of Military Justice) and the four Geneva Conventions in 1949."
Bush, speaking today at a news conference with Japanese Prime Minister Junichiro Koizumi, reacted to questions about to the decision in Handan v. Rumsfeld. The high court issued its ruling during Bush's meeting with Koizumi, so the president acknowledged that he had benefit of only a "drive-by briefing" before commenting publicly about it.
The United States takes the ruling seriously, and will work with Congress to determine if there's a legislative way forward that complies with the Supreme Court decision. "People are looking at it right now to determine how we can work with Congress if that is available to solve the problem," he said. "I want to find a way forward."
Bush reiterated that he would like to find a way to ultimately close the Guantanamo Bay facility. "I have told the people that I would like for there to be a way to return people from Guantanamo to their home countries, but some of the people need to be tried in our courts," he said.
Regardless of how the issue proceeds, Bush insisted that the Supreme Court ruling "won't cause killers to be put out on the street."
"I am not going to jeopardize the safety of the American people. People have got to understand that," he said. "These people were picked up off of a battlefield, and I will protect the people and at the same time conform with findings of the Supreme Court."
President Bush established the military commissions in November 2001 to try non-U.S. citizens implicated in acts of terrorism against the United States.
The process has been on hold, however, since three detainees committed suicide June 10.
The decision affects only 10 of the 450 detainees at Guantanamo Bay. The 10 faced commissions on charges of violating the law of war. Charges had been prepared for four other detainees, but they had not yet been arraigned, a defense official said.
Among the detainees charged is Salim Ahmed Hamdan, a former driver and bodyguard for al Qaeda leader Osama bin Laden. Hamden was picked up in Afghanistan in late 2001 and has been detained at Guantanamo Bay since 2002.
Hamdan challenged the legality of the U.S. government trying him for alleged war crimes before a military commission under a presidential order. Hamdan argued that he was entitled to a court-martial convened under the U.S. Code of Military Justice or a civilian trial before a federal judge.
The last time the United States used the military commission process was during World War II.
Despite what you may have heard Club GITMO is still open for business
Best I can tell the Supreme Court simply ruled that these terrorists can be detained indefinitely without trial ~ the rest of it is so much BS.
I look forward to the debate in Congress about it. I visualize Dem Congress critters proudly stepping up to the mikes and denouncing any attempt to legislate in favor of prosecuting terrorists.
But first the arduous task of imagining a Republican Critter pushing for this legislation.
Nice answer by Bush.
The conservative justices came through. Hopefully we can see a couple more liberals leaving the bench.
we just need one.
no, its far worse then that. let's not sugar coat it, this ruling is a big win for the left, and for the terrorists.
Be Seeing You,
Chris
I don't know. If we follow the Geneva convention...the terrorist don't fall under it by definition. They could be summarily shot in the field...or right now.
by whose interpretation of the geneva convention? the one ratified means nothing, if 5 members of the SCOTUS say it means something else.
BTW, citizens of the Commonwealth of Virginia have a complaint against the same crowd. When the federales get tired of playing with their Taliban and AlQaida prisoners, I'm sure local charges can be made over the Pentagon event ~ killings and other capital crimes took place long before the plane crashed.
Virginia's record in executing mad-dog killers is the best in the country you know ~ even have hanging juries in the most Liberal of suburbs.
The USSC decision gives me hope that a claim by Virginia on those prisoners would pass all judicial muster.
We now understand that not wearing a uniform still includes you as part of the adversary
and allows you the same rights as the military that are accorded by the Geneva Convention.
This ruling now allows our government to finally treat the Media of the United States Press Corps
as enemy soldiers, and from hence forth to be treated as such.
End of Transmition. Watch your six.
believe me, if the choice comes down to the FBI/CIA having to reveal evidence to give Hamdan a trial by any measure of US criminal standards - they will not do that. they will release him to be tried someplace else, by some other state who will do it, before dragging all of this into a court, or giving his ACLU lawyers discovery.
a jury in Virgina couldn't even give Moussaoui the death penalty.
I walked right into that one. You're right. As long as the black robes are making the rules...there are no rules.
Far as I can see that is what this does. We can hold them but we cannot try them so basically perpetual Legal Limbo. Guess they forgot that along with McCain's Torture Amendment the US Congress has all ready limited Terrorists access to US Courts. And since John Roberts will NOT have to recuse himself again of they challenge the Congress, this is the last hurra of the Leftist Clinton court.
Let the Rats argue that every scumbag terrorist plucked out of the mountains of afghanistan deserves a full OJ-style, media-circus trial, complete with a "dream team" of ACLU attorneys and "if the rag don't fit, you must acquit." That ought to go over well.
oooooooooooooo! That's cold hearted! I like it!
now you've got it.
we shouldn't try and sugar coat this today. I see alot of freepers trying to spin it as "so what". this is a significant victory for the left, and its simply one part of a legal strategy to use the courts to usurp the war on terror. we can't afford to be shortsighted here.
Dude, quit handwringing!!
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