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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: Mo1

That's a healthy skepticism, though.


621 posted on 06/29/2006 9:23:50 AM PDT by Petronski (I just love that woman.)
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To: jamiefoxer

Being a nation of laws with a system of checks and balances is annoying for some, but usually only when it runs contrary to their opinions.


622 posted on 06/29/2006 9:23:54 AM PDT by Realism (Some believe that the facts-of-life are open to debate.....)
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To: dotnetfellow

Roe V. Wade is a seperate issue. I tend to think it was RIGHTLY decided, but again, that's up to our Court to decide, our Congress to argue/debate...and ultimately, for the American people to agitate or NOT agitate in favor or against it.

That has nothing to do with how we treat terrorists we capture, or legitimate POWs.

Procedures to follow, in a nutshell.

If Al-Qaeda, try, prove, find guilty or innocent, and either IMPRISON (if guilty) or release (if innocent).
If legitimate POW, hold in appropriate facility humanely with oversight from Congress and SCOTUS, and release after end of our wars.

Simple LEGAL procedures we can follow that maintain our national security AND maintain our rule of law/values.


623 posted on 06/29/2006 9:23:59 AM PDT by jamiefoxer
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To: jamiefoxer
"Either we stand for the Constitution, or Hammurabbi's code of an Eye for an Eye."

These are not mutually exclusive. Our legal system is broadly based on Lex Talionis or retributive justice which is also reflected in the Bible and the Code of Hammurabbi.
624 posted on 06/29/2006 9:24:06 AM PDT by Prokopton
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To: Crawdad

Well...I have never looked at Playboy, so I wouldn't know.

Sorry!!


625 posted on 06/29/2006 9:24:21 AM PDT by Txsleuth
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To: jamiefoxer
That's PRESIDENT Bush.

Be gone, noob, pre-law major.

626 posted on 06/29/2006 9:24:26 AM PDT by jennyjenny
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To: jamiefoxer

So you've voted in one election?


627 posted on 06/29/2006 9:24:45 AM PDT by Crawdad (So the guy says to the doctor, "It hurts when I do this.")
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To: jamiefoxer

Pretty snotty for a newbie.

In summary, there are no laws that anticipated Terrorism. The Geneva Convention was designed for uniformed conflict. IIRC, you actually get to hang spies who attempt to hide their combatant status.

SCOTUS screwed the pooch on this one.

And mind your manners, newbie. You should be thankful you haven't been ZOTted -- the mods must be in a generous mood today.


628 posted on 06/29/2006 9:24:54 AM PDT by freedumb2003 (The Left created, embraces and feeds "The Culture of Hate." Make it part of the political lexicon!)
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To: Brilliant
"Since when does al-Qaeda operatives in foreign nations have constitutional rights under the US Constitution?"

Well what I have read so far mentions nothing about individual rights it rather is a ruling on what powers are granted to the President in regards to treating with foreign national/enemy combatants. Not really the same thing.

And Yes the SCOTUS does have the mandate to do that.

We may not always like how the SCOTUS rules but it is part of their mandate, to see if law is Constitutional.

629 posted on 06/29/2006 9:25:04 AM PDT by Mad Dawgg ("`Eddies,' said Ford, `in the space-time continuum.' `Ah,' nodded Arthur, `is he? Is he?'")
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To: Bommer

I still say that we treat these "combatants" as we do to any non-citizen residing in the U.S. who commmits "terrorism".

Try, prove guilty, imprison
Try, prove innocent, release.

That's what should happen with non-state, religious-motivated, Al-Qaeda types.

No wussy liberalism there...if they're guilty, throw away the key!


630 posted on 06/29/2006 9:25:15 AM PDT by jamiefoxer
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To: jamiefoxer
Simple LEGAL procedures we can follow that maintain our national security AND maintain our rule of law/values.

If they are non-uniformed then kill them as spies, as allowed by international law.

631 posted on 06/29/2006 9:25:55 AM PDT by freedumb2003 (The Left created, embraces and feeds "The Culture of Hate." Make it part of the political lexicon!)
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To: jamiefoxer
I don't consent to an "eye for an eye".

Unfortunately for PFC Tucker, the terrorist have another idea of humane treatment.

632 posted on 06/29/2006 9:25:55 AM PDT by mware (Americans in armchairs doing the job of the media.)
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To: jamiefoxer
"I am disappointed...it's a huge stain on our legal system, our values, and what we claim to stand for.... "

What is indeed a huge stain on what we stand for is the New York Slimes, leaking out our vital national security intelligence to Al Quaeda, and in effect , acting as the Counter-inteligence department of a terrorist organization, sworn to the destruction of this country.

Your values of strong support for Al Quaeda (symptom of BDS)are certainly NOT my values or the values of the overwhlmimng majority of Americans.
That is why we keep clobbering your idiots in election after election, and are set to take you out again, some November..as usual,. especially after this ruling.
633 posted on 06/29/2006 9:26:24 AM PDT by Jameison
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To: lepton

Yes,

The issue at stake is whether the President can indefinitely hold "enemy combatants" without due process, without Geneva Convention protections (IF THEY APPLY), and give them military commisions outside of SCOTUS jurisdiction as their only due process. SCOTUS disagreed with this today. Don't know where it will go, but my view is that we should...

Procedures to follow, in a nutshell.

If Al-Qaeda, try, prove, find guilty or innocent, and either IMPRISON (if guilty) or release (if innocent).
If legitimate POW, hold in appropriate facility humanely with oversight from Congress and SCOTUS, and release after end of our wars.

Simple LEGAL procedures we can follow that maintain our national security AND maintain our rule of law/values.


634 posted on 06/29/2006 9:26:29 AM PDT by jamiefoxer
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To: onyx; jamiefoxer

nothing conservative about ole jamie, and you are right, the script is being hammered home repeatedly. first day posters with an agenda usually don't last more than a few hours.


635 posted on 06/29/2006 9:26:41 AM PDT by xsmommy
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To: jamiefoxer

To say that Bush has assumed powers close to "dictatorship" is bull****. He is dealing with a handful of irregular soldiers captured in a war zone, and who are allied with a terrorist organization that attacked the U.S. on several occasions. If Bush were a dictator, he would have ordered them shot, end of the matter. He wouldn't have had lengthy consultations with his legal staff regarding precedent and the pertinent laws and treaties, and he wouldn't have waited for the Supreme Court to rule. I am really sickened by this casual, flippant use of the word "dictatorship."


636 posted on 06/29/2006 9:26:45 AM PDT by Steve_Seattle
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To: jamiefoxer

Certainly not "fallacious". We are in a death struggle. If we are bound by rules our enemy are not, it favors them.

This is not a game or a classroom scenario. This is our survival.

This nation has consistently compromised it's peacetime values in time of wars for it's existence in the course of it's history.

The record is there.. read it. Start with Hiroshima, Nagasaki, and Dresden, among others, and go back. We have never flinched when our survival was at stake, and we won and survived.


637 posted on 06/29/2006 9:27:04 AM PDT by Praxeus
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To: Robert A. Cook, PE
[ACLU Calls Supreme Court's Hamdan Decision a Victory for the “Rule of Law”]

Title of another thread on FR.
638 posted on 06/29/2006 9:27:15 AM PDT by khnyny (Never in the field of human conflict was so much owed by so many to so few.- Winston Churchill)
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To: La Enchiladita

None.

Or maybe you can call it "Constitution Defenders".

It's a silly organization...I have this silly problem of feeling like a patriot and defending what the Founders wrote down should be our way of life.

Pay it no mind...


639 posted on 06/29/2006 9:27:23 AM PDT by jamiefoxer
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To: jamiefoxer
Iraqi Insurgents or taliban Resistance fighters are entitled to POW status (just like our soldiers are), and should be held according to the Geneva Conventions, and then released after the end of our conflicts with their countries.

That's the letter of the law, folks.

No, it's not. Not even close. Not if they don't abide by the rules of warfare. Every one that attempted to blend in with civilians committed a punishable violation of the Geneva Conventions. Now, the Iraqi soldiers we fought and captured? With the exception of a few held for crimes, they were released long ago...

Also, among other things, the Taliban was never the government of Afghanistan. Even at that, we released their marked soldiers unless we had specific evidence of a crime.

640 posted on 06/29/2006 9:27:59 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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