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Dead Constitution
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Title: Supreme Court Rules: Bush Overstepped Authority In Plans For War Crimes Trials in Gitmo
Source: same
URL Source: http://www.drudgereport.com
Published: Jun 29, 2006
Author: n
Post Date: 2006-06-29 10:20:41 by gengis gandhi
Keywords: None
Views: 117
Comments: 19

thats all the little bitch has up.

Post Comment   Private Reply   Ignore Thread  


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#1. To: gengis gandhi (#0)

Supreme Court Blocks Bush, Gitmo War Trials

(06-29) 07:19 PDT WASHINGTON, (AP) --

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 Osama bin Laden. Hamdan, 36, has spent four years in the U.S. prison at Guantanamo. He faces a single count of conspiring against U.S. citizens from 1996 to November 2001.

Two years ago, the court rejected Bush's claim to have the authority to seize and detain terrorism suspects and indefinitely deny them access to courts or lawyers. In this followup case, the justices focused solely on the issue of trials for some of the men.

URL: http://sfgate.com/cgi- bin/article.cgi? file=/n/a/2006/06/29/national/w071955D55.DTL

'Whatsoever a man soweth, that shall he also reap.'

Brian S  posted on  2006-06-29   10:21:46 ET  Reply   Trace   Private Reply  


#2. To: Brian S (#1)

what a bunch of commie ass republican majority terrorist siding turdballs.

joke of quantrill will have his lacy man panties in a wad, which, i expect is the closest to sex he will get, without having to inflate his partner with an airhose.

'We shall no longer hang on to the tails of public opinion, or to a non-existent authority, on matters utterly unknown and strange. We shall gradually become experts ourselves in the mastery of the knowledge of the future.' ~ Wilhelm Reich

gengis gandhi  posted on  2006-06-29   10:24:14 ET  Reply   Trace   Private Reply  


#3. To: gengis gandhi (#2)

The FR thread on this ruling is entertaining, indeed!

Here is one I especially liked:


President Jackson opposed the Supreme Court's ruling in Worcester v. Georgia and refused to enforce it, saying, "Mr. Marshall has made his decision now let him enforce it."

/chuckle

'Whatsoever a man soweth, that shall he also reap.'

Brian S  posted on  2006-06-29   10:29:56 ET  (1 image) Reply   Trace   Private Reply  


#4. To: gengis gandhi (#0)

High Court Rules Against Bush In Guantanamo Case

POSTED: 9:57 am EDT June 29, 2006 UPDATED: 10:18 am EDT June 29, 2006

Email This Story | Print This Story

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

http://www.nbc4i.com/po litics/9445762/detail.html

randge  posted on  2006-06-29   10:31:44 ET  Reply   Trace   Private Reply  


#5. To: gengis gandhi (#0)

Decisions:Hamdan decided, military commissions invalid 10:03 AM | Lyle Denniston | Comments (0)

The Supreme Court ruled on Thursday that Congress did not take away the Court's authority to rule on the military commissions' validity, and then went ahead to rule that President Bush did not have authority to set up the tribunals at Guantanamo Bay, Cuba, and found the commissions illegal under both military justice law and the Geneva Convention. The vote was 5-3, with the Chief Justice not taking part.

The Court expressly declared that it was not questioning the government's power to hold Salim Ahmed Hamdan "for the duration of active hostilities" to prevent harm to innocent civilians. But, it said, "in undertaking to try Hamdan and subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in this jurisdiction."

That quotation was from the main opinion, written by Justice John Paul Stevens. That opinion was supported in full by Justices Stephen G. Breyer, Ruth Bader Ginsburg and David H. Souter. Justice Anthony M. Kennedy wrote separately, in an opinion partly joined by Justices Breyer, Ginsburg and Souter. Kennedy's opinion did not support all of Stevens' discussion of the Geneva Convention, but he did find that the commissions were not authorized by military law or that Convention.

Justices Samuel A. Alito, Jr., Antonin Scalia and Clarence Thomas, the dissenters, each wrote an opinion.

Stevens recited from his opinion at length, followed by Scalia. The recitations were continuing a half-hour after the morning session began..

Details from SCOTUSblog.

aristeides  posted on  2006-06-29   10:34:32 ET  Reply   Trace   Private Reply  


#6. To: gengis gandhi (#0)

Radio just said that Snow is going to come on and spin in two hours.

.

...  posted on  2006-06-29   10:37:43 ET  Reply   Trace   Private Reply  


#7. To: gengis gandhi (#0)

In Rebuke for Bush, Court Block Trials at Guantanamo

By THE ASSOCIATED PRESS

WASHINGTON (AP) -- The Supreme Court ruled Thursday that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees.

The ruling, a rebuke to the administration and its aggressive anti-terror policies, was written by Justice John Paul Stevens, who said the proposed trials were illegal under U.S. law and international Geneva conventions.

The case focused on Salim Ahmed Hamdan, a Yemeni who worked as a bodyguard and driver for Osama bin Laden. Hamdan, 36, has spent four years in the U.S. prison in Cuba. He faces a single count of conspiring against U.S. citizens from 1996 to November 2001.

Two years ago, the court rejected Bush's claim to have the authority to seize and detain terrorism suspects and indefinitely deny them access to courts or lawyers. In this follow-up case, the justices focused solely on the issue of trials for some of the men.

The vote was split 5-3, with moderate Justice Anthony M. Kennedy joining the court's liberal members in ruling against the Bush administration. Chief Justice John Roberts, named to the lead the court last September by Bush, was sidelined in the case because as an appeals court judge he had backed the government over Hamdan.

Thursday's ruling overturned that decision.

Bush spokesman Tony Snow said the White House would have no comment until lawyers had had a chance to review the decision. Officials at the Pentagon and Justice Department were planning to issue statements later in the day.

The administration had hinted in recent weeks that it was prepared for the court to set back its plans for trying Guantanamo detainees.

The president also has told reporters, "I'd like to close Guantanamo." But he added, "I also recognize that we're holding some people that are darn dangerous."

The court's ruling says nothing about whether the prison should be shut down, dealing only with plans to put detainees on trial.

"Trial by military commission raises separation-of-powers concerns of the highest order," Kennedy wrote in his opinion.

The prison at Guantanamo Bay, erected in the months after the Sept. 11, 2001, terror attacks on the United States, has been a flash point for international criticism. Hundreds of people suspected of ties to al-Qaida and the Taliban -- including some teenagers -- have been swept up by the U.S. military and secretly shipped there since 2002.

Three detainees committed suicide there this month, using sheets and clothing to hang themselves. The deaths brought new scrutiny and criticism of the prison, along with fresh calls for its closing.

.

...  posted on  2006-06-29   10:39:50 ET  Reply   Trace   Private Reply  


#8. To: ... (#7)

Hamdan Summary -- And HUGE News 10:37 AM | Marty Lederman | Comments (0)

The Court appears to have held that Common Article 3 of Geneva aplies to the conflict against Al Qaeda. That is the HUGE part of today's ruling. The commissions are the least of it. This basically resolves the debate about interrogation techniques, because Common Article 3 provides that detained persons "shall in all circumstances be treated humanely," and that "[t]o this end," certain specified acts "are and shall remain prohibited at any time and in any place whatsoever"—including "cruel treatment and torture," and "outrages upon personal dignity, in particular humiliating and degrading treatment." This standard, not limited to the restrictions of the due process clause, is much more restrictive than even the McCain Amendment. See my further discussion here.

This almost certainly means that the CIA's interrogation regime is unlawful, and indeed, that many techniques the Administation has been using, such as waterboarding and hypothermia (and others) violate the War Crimes Act (because violations of Common Article 3 are deemed war crimes).

If I'm right about this, it's enormously significant.

More from SCOTUSblog.

I'm not sure Marty Lederman is right on this point. If only four justices held that Common Article 3 applies, that's not a holding of the court. I guess the question is whether Justice Kennedy, the fifth justice making up the majority, said anything on this.

aristeides  posted on  2006-06-29   10:53:24 ET  Reply   Trace   Private Reply  


#9. To: gengis gandhi (#2)

joke of quantrill

Yeah, that dumbass doesn't seem to realize that the south was disgusted by his hero's actions. They shunned him and the confederate army wouldn't even allow him to enlist.

Grumble Jones  posted on  2006-06-29   10:57:36 ET  Reply   Trace   Private Reply  


#10. To: Grumble Jones (#9)

I just got back from the beach. How long has LP been down?

aristeides  posted on  2006-06-29   11:00:18 ET  Reply   Trace   Private Reply  


#11. To: gengis gandhi (#0)

The radio just said that Bush himself is coming on to spin this "at the bottom of the hour". I am guessing this is 9:30 am.

.

...  posted on  2006-06-29   11:00:41 ET  Reply   Trace   Private Reply  


#12. To: aristeides (#10)

How long has LP been down?

I dunno. It was up early this morning. I haven't been there since about 7:30.

Grumble Jones  posted on  2006-06-29   11:01:31 ET  Reply   Trace   Private Reply  


#13. To: aristeides (#10)

I just got back from the beach. How long has LP been down?

It has been down since I heard this announcement. I checked then. It was up about 20 minutes prior.

Wouldn't it be a hoot if it went down just as this story came out and then it goes back up just after Bush gives the official spin at 9:30?

.

...  posted on  2006-06-29   11:02:35 ET  Reply   Trace   Private Reply  


#14. To: gengis gandhi (#0)

About time the "checks and balence" listed in the Constitution is upheld by the Courts.

The mind once expanded by a new idea never returns to its' original size

Itisa1mosttoolate  posted on  2006-06-29   11:08:27 ET  Reply   Trace   Private Reply  


#15. To: Itisa1mosttoolate (#14)

Link to text of opinion (PDF).

aristeides  posted on  2006-06-29   11:15:41 ET  Reply   Trace   Private Reply  


#16. To: all (#14)

the market is sorta rallying now as well, though i haven't heard any financial news, so i can't say its cuzza this.

can you feel the waning of the power from spanky and the gang?

'We shall no longer hang on to the tails of public opinion, or to a non-existent authority, on matters utterly unknown and strange. We shall gradually become experts ourselves in the mastery of the knowledge of the future.' ~ Wilhelm Reich

gengis gandhi  posted on  2006-06-29   11:16:29 ET  Reply   Trace   Private Reply  


#17. To: ... (#13)

Is there a fundraiser taking place at LP?

The 'lox has a habit of engineering an outage right around $$$ time...

'Whatsoever a man soweth, that shall he also reap.'

Brian S  posted on  2006-06-29   11:18:37 ET  Reply   Trace   Private Reply  


#18. To: Brian S (#1)

This surprises me with the recent appts, but I guess Roberts was sidelined because of a prior interest in the case. Even at that, it still would have been 5-4 probably. I wonder if Bushco has considered killing one or two of these justices so they can stack the deck even further.

Good news for the Gitmo people. I hope this brings us closer to shutting down scar on the face of American justice.

"I woke up in the CRAZY HOUSE."

mehitable  posted on  2006-06-29   11:19:26 ET  Reply   Trace   Private Reply  


#19. To: ... (#6)

Snow better put on his Prada heels for this one, he's going to need to really tart it up for this Snow job.

"I woke up in the CRAZY HOUSE."

mehitable  posted on  2006-06-29   11:20:59 ET  Reply   Trace   Private Reply  


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