Ridiculous. Scalia and Roberts are two of the most briliant legal minds in this country and they ripped you and the liberals in the majority to shreds in their dissents.
You side with the liberals who have abrogated war powers from the executive and the legislature and totally disregarded precedent to do so.
There is nothing more to say, you favor the oligarchy.
They unfortunately are not legal advisors to the US government. Furthermore, they did not write the enacting regulations. DOD did that, and got their head handed to them for undercutting the clear intent of the DTA. Go blame the Secretary of the Navy.
What war powers have been abrogated from anyone? These are detainees 8000 miles away from any combat zone. Congress passed the DTA creating these tribunals, and Bush signed it. The Secretary of the Navy then gutted the process in his enacting regulations. Where did the Secretary of the Navy get the power to interfere with the laws or the war powers of Congress and the President?
on their own terms, the proceedings in Yamashita and Quirin, like those in Eisentrager, had an adversarial structure that is lacking here. See Yamashita, supra, at 5 (noting that General Yamashita was represented by sixmilitary lawyers and that “[t]hroughout the proceedings . . . defense counsel . . . demonstrated their professional skill and resourcefulness and their proper zeal for the defense with which they were charged”); Quirin, supra, at 23–24; Exec. Order No. 9185, 7 Fed. Reg. 5103 (1942) (appointing counsel to represent the German saboteurs)