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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: Steve_Seattle
The SC stated that The President overstepped his authority in his "planned" military tribunal. I thought the SC could only rule on actual cases before it and not hypothetical?
461 posted on 06/29/2006 8:36:49 AM PDT by tobyhill (The War on Terrorism is not for the weak.)
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To: Gator113
"Simple.....kill them!"

Agreed.
Just send Bill Keller there b4 executing them that's all.
After all, Bill Keller is the counterintelligence chief for Al Quaeda.
462 posted on 06/29/2006 8:37:19 AM PDT by Jameison
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To: Crawdad

As I am reading the decision, your interpretation seems the correct one. I am concerned about the application of Geneva Clause 3 to irregular soldiers and the Justices' refusal to treat this an international war.

The post where the poster said it would be portrayed as a victory for the liberals, though, is probably too true.


463 posted on 06/29/2006 8:38:04 AM PDT by mcvey (Fight on. Do not give up. Ally with those you must. Defeat those you can. And fight on whatever.)
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To: hsrazorback1
just a question...Can you have a prisoner of war when a war hasn't been declared? Anyone?

It sounds like that is what the Supremes were saying.

464 posted on 06/29/2006 8:38:13 AM PDT by mware (Americans in armchairs doing the job of the media.)
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To: Steve_Seattle
Forget this section of the ruling:

Four Justices concluded that Salim Ahmed Hamdan could not be charged with conspiracy before a military commission, but that did not have majority support, so its binding effect is uncertain
465 posted on 06/29/2006 8:38:44 AM PDT by bobsunshine
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To: ARealMothersSonForever

I think it's been heading this way for quiet sometime. Send them home to their own country. Now, a way has been opened to allow just that to happen.


466 posted on 06/29/2006 8:39:21 AM PDT by processing please hold (If you can't stand behind our military, stand in front of them.)
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To: bobsunshine

Anyone know why Roberts did not rule in this case???


467 posted on 06/29/2006 8:39:45 AM PDT by mware (Americans in armchairs doing the job of the media.)
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To: mware

just a question...Can you have a prisoner of war when a war hasn't been declared? Anyone?

It sounds like that is what the Supremes were saying.



That's exactly what the SCOTUS is saying...that's why they threw it back to Congress to make a new law...


468 posted on 06/29/2006 8:40:58 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: Jameison

Since when do the Rats need a legal reason to do anything?

The Constitution has nothing to do with it. A President can be impeached for many reasons. Do you really think when the MSM picks up the "War Crimes" chant of the DNC that the technicalities of the Constitution or Geneva Convention will matter a whit?

And since when do they need a 2/3 majority to move for a trial for impeachment? Representatives have already begun to push for censure on the floor.

The Rats are already muddying the waters preparing for any type of impeachment trial or discussion they can bring -- not that it is grounded or reasonable, but simply for political effect.

To believe otherwise is in league with believing that they have the best interests of the country at heart, and not their own power, which is truly rubbish.


469 posted on 06/29/2006 8:41:05 AM PDT by Ghost of Philip Marlowe (Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
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To: bandleader

Laura Ingraham said Justice Thomas' dissent is brilliant. Too bad the MSM doesn't like Thomas and in fact loathe him. Particularly Jane Mayer of the New Yorker. In fact, she wrote a book (hit piece) about Thomas:

Strange Justice: The Selling of Clarence Thomas
by Jane Mayer, Jill Abramson


470 posted on 06/29/2006 8:41:07 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: Diddle E. Squat

Actually, after skimming through the decisions there are only 4 votes applying Common Article 3 to terrorist scum. There will be 4 votes againts it. That, once again, leaves Justice Kennedy as the deciding vote on whether or not Common Article 3 applies.


471 posted on 06/29/2006 8:41:20 AM PDT by jwalsh07
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To: mware
"Anyone know why Roberts did not rule in this case???"

The case was an appeal of his rolling.
472 posted on 06/29/2006 8:41:20 AM PDT by Jameison
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To: Pukin Dog

Very good point.

This is a bad decision, plain and simple. It is self-contradictory.

But the message will be here forever: We cannot trust Democrats in the Presidency because they threaten the survival of the United States.


473 posted on 06/29/2006 8:41:21 AM PDT by caddie
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To: Dog
That's what I say. I'm with ya!
474 posted on 06/29/2006 8:41:30 AM PDT by b4its2late (John Kerry changes positions more often than a Nevada prostitute!!)
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To: IMRight

"The ruling doesn't go nearly as far as people think"

It goes far enough.

All your "insight" into this ruling is pollyannish whoopsy-doodle.

This ruling is a disaster for our nation. Had such a ruling occurred during WWII (and had been heeded), it would have completely altered the course of history, as this one will (along with other recent SC disasters). That is because the SC simply has too much power.

Had the SC had the kind of power it has today during the WBTS, we would now be two separate third-world nations. Congress and the SC tried to derail Lincoln's war (and subsequent peace) plans, but Lincoln, in large part, ignored them (witness the "pocket-veto").

George Bush does not have the fortitude nor the popular backing to make the right decisions. Lincoln did not have the popular backing, but he definitely had the fortitude to do what was the only right thing.

To him the nation's survival trumped the loftier aspects of it's institutions (or political parties). That was once called common sense. It does not exist today.

We will (or let others) destroy the nation quibbling over intricacies and technical points about what the nation is.

Even FDR understood this with such "unconstitutional" measures as interning the Japanese-Americans during WWII. It wasn't constitutionally kosher, but it was the only prudent thing to do at that point: We could argue the finer points and issue the mea-culpas after the threat to our nation's existence was past.

Lawyers are TRULY going to be the death of this nation.

What we need now is a Lincolnesque declaration from Bush to our Military: "What I now ask of you is military success, and I will risk the dictatorship."

It is certainly a risk.. that is true. The alternative, however, is no risk at all. It is certain: The certain death of our republic, and the subsequent death of all it's finer points over which we now quibble.

This ruling further erodes the President's, and thus the military's, moral(e) and legal resolve to prosecute this war to victory.


475 posted on 06/29/2006 8:41:38 AM PDT by Praxeus
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To: pbrown

The President is NOT closing GITMO....


476 posted on 06/29/2006 8:41:42 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: mware
Because Roberts had decided this case when it came before the D.C. Circuit.
477 posted on 06/29/2006 8:42:29 AM PDT by COEXERJ145 (Free Republic is Currently Suffering a Pandemic of “Bush Derangement Syndrome.”)
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To: Ghost of Philip Marlowe

"A President can be impeached for many reasons. "

Where are their votes for impeachment at? (and they will lose in November as well)


478 posted on 06/29/2006 8:43:09 AM PDT by Jameison
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To: mystery-ak

He won't now since there is no final disposition with the terrorist.


479 posted on 06/29/2006 8:43:10 AM PDT by tobyhill (The War on Terrorism is not for the weak.)
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To: Steve_Seattle
You missed my point, too. See my post 469.

I wasn't saying it was legal or technical grounds for impeachment. The Left has been beating the "Impeach Bush" war drums for a while. This just gives them more fodder and something that appears in an 8-second sound bite to have more substance.
480 posted on 06/29/2006 8:43:25 AM PDT by Ghost of Philip Marlowe (Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
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