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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: pabianice

It's not really a matter that President Bush "overstepped his authority" because for a long time now he made it clear he was waiting on the Supreme Court to make a ruling.


121 posted on 06/29/2006 7:28:01 AM PDT by Berlin_Freeper (ETERNAL SHAME on the Treasonous and Immoral Democrats!)
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To: pabianice

Well, the rats are going to have orgasms all day now. They are fighting for face time on the tube now!
The coverage today is going to be sickening!!


122 posted on 06/29/2006 7:28:04 AM PDT by taillightchaser (!)
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To: jwalsh07
Congress needs to act now

I emphatically agree!

123 posted on 06/29/2006 7:28:16 AM PDT by Scarchin (www.classdismissedblog.com.)
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To: coconutt2000

Cnn is wetting all over themselves on this one....

There reporters are giddy with excitement!


124 posted on 06/29/2006 7:28:17 AM PDT by JFC (Land of the FREE because of our BRAVE)
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To: gakrak

FDR is rolling in his grave.


125 posted on 06/29/2006 7:28:27 AM PDT by Halfmanhalfamazing (Linux, the #2 OS. Mac, the #3 OS. That's why Picasa is on Linux and not Mac.)
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To: pabianice

Bush told them to make that ruling and they did.


126 posted on 06/29/2006 7:28:30 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

"May have violated Geneva Convention"

Who the heck is "Geneva" and why should I care about her Convention? Where was "Geneva" when 3,000 of our noncombatants were murdered? Where was the convention by others countries to help us throw out Saddam? Which, frankly, begs the question, does Geneva's Convention apply when Saddam's boy's are running rape rooms, or digging mass graves? I think Geneva has been a failure. Do you think the terrorists are ruminating on whether their actions are in conflict with Miss Geneva?


127 posted on 06/29/2006 7:28:31 AM PDT by Tulsa Ramjet ("If not now, when?")
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To: Dog Gone

if the GOP were smart (and I strongly suspect they are NOT this smart!) they would pick up this ball and run with it.
This is the golden jazz-up-the-base-for-November moment that they have been waiting for. After al, the SC just sided with OSAMA BIN LADEN'S DRIVER over POTUS and 60 yrs. of settled law!!! That is 30-second spot GOLD if ever I have heard it!

This needs to be driven home to the American People every day, followed by a push for confirmation of more Conservative judges, AND Congressional action restricting the Supreme Court from taking GWOT cases(and perhaps some others while they are at it)


128 posted on 06/29/2006 7:28:32 AM PDT by Buckeye McFrog
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To: jlasoon
Another reason why these terrorist should be killed and not captured.

Sounds like a PLAN ! It's got my vote....

129 posted on 06/29/2006 7:28:32 AM PDT by traditional1
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To: pabianice
That's alright, now they get to hold and interrogate them indefinitely.
130 posted on 06/29/2006 7:28:46 AM PDT by tobyhill (The War on Terrorism is not for the weak.)
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To: pissant

After Kelo, this doesn't surprise me one little bit.


131 posted on 06/29/2006 7:28:50 AM PDT by LIConFem (It is by will alone I set my mind in motion...)
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To: Jrabbit

You know, the more I think about this, when the Dems are stupid enough to publicly celebrate a court decision in favor of Osama bin Laden's driver and against our military, perhaps we should just get out of the way and let them celebrate...


132 posted on 06/29/2006 7:28:59 AM PDT by LikeLight
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To: Coop
There may be a silver lining here. I would guess that SCOTUS ruled that the POTUS is authorized to hold prisoners for the duration of the conflict but that his convening of the military tribunals is not in keeping with the authroization from Congress.

If that's the end of it all is fine and dandy. Just hold the bastards at GITMO until they die.

On the other hand, if SCOTUS rules that Hamdan's due process has been violated because he has not been afforded a trial in the US Federal Courts, then the crap has hit the fan.

133 posted on 06/29/2006 7:29:04 AM PDT by jwalsh07
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To: Mo1
Excuse my lingo ... but what the hell does that me??

I just typed basically what Megan Kindell on FoxNews was saying.
134 posted on 06/29/2006 7:29:09 AM PDT by TomGuy
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To: taillightchaser

See my tagline.


135 posted on 06/29/2006 7:29:13 AM PDT by Crawdad (So the guy says to the doctor, "It hurts when I do this.")
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To: IMRight
Yes ...but they are not covered by the Geneva convention.

Of course they are.

Sorry, to be covered by the Geneva Convention you must wear a uniform, and have identification to the country you are fighting for. Without these you do not get "Prisoner of War" status and attendent benefits of the Geneva Convention.

136 posted on 06/29/2006 7:29:14 AM PDT by sr4402
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To: TommyDale

The @ssholes at DU just think this is the greatest thing ever handed down...


137 posted on 06/29/2006 7:29:19 AM PDT by Abathar (Proudly catching hell for posting without reading the article since 2004)
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To: Mo1

You are quite welcome. I Wasn't too sure at first what it meant either.


138 posted on 06/29/2006 7:29:21 AM PDT by areafiftyone (Politicans Are Like Diapers - Both Need To Be Changed Often And For the Same Reason!)
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To: pabianice

I wasn't aware that Al Qaeda had signed the Geneva Convention. This decision is apparently based on the "No Terrorist Left Behind" program.


139 posted on 06/29/2006 7:29:21 AM PDT by Ben Hecks
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To: pabianice

This seems to upset over 60 years of precedent such as the Quirin case in World War II:

On July 2, 1942 the President and Commander in Chief of the Army and Navy, appointed a Military Commission and directed it to try the alleged spies. The President declared

all persons who are subjects, citizens, or residents of any nation at war with the United States or who give obedience to or act under the direction of any such nation, and who during time of war enter or attempt to enter the United States ... through coastal or boundary defenses, and are charged with committing or attempting or preparing to commit sabotage, espionage, hostile or warlike acts, or violations of the law of war, shall be subject to the law of war and to the jurisdiction of military tribunals.
The eight were tried before a Military Commission comprised of seven U.S. Army officers appointed by President Roosevelt from July 8 to August 4, 1942 in the Department of Justice Building in Washington, D.C. The prosecution was headed by Attorney General Frances Biddle and the Army Judge Advocate General, Major General Myron C. Cramer. Defense counsel included Colonel Kenneth C. Royall (later Secretary of War under President Truman) and Major Lausen H. Stone (son of Harlan Fiske Stone, Chief Justice of the United States.)
While the trial was in process, the defense team appealed to the District Court of the District of Columbia, claiming that trial by the Military Commission was illegal. The District Court and then the Appeals Court of the District of Columbia denied their applications for leave to file petitions of habeas corpus.
The Supreme Court heard arguments on July 29 and 30, 1942. On July 31, the Court held:
1.) That the charges preferred against petitioners on which they are being tried by military commission appointed by order ot the President of July 2, 1942, allege an offense or offenses which the president is authorized to order tried before a military commission.
2.) That the military commission was lawfully constituted.
3.) That petitioners are held in lawful custody for trial before the military commission, and have not shown cause for being discharged for writs of habeas corpus.


140 posted on 06/29/2006 7:29:24 AM PDT by mak5
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