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US suspends 'war on terror' trials after court ruling
Yahoo News ^ | 11/15/05

Posted on 11/15/2005 3:22:43 PM PST by Valin

The United States suspended its controversial military trials for 'war on terror' detainees after a ruling by a federal judge. Following the judge's action on Monday, the Defense Department said it had postponed the first trial hearing of accused "Australian Taliban" David Hicks, which was scheduled to start Friday at the Guantanamo Bay naval base in Cuba. "The courts have intervened, as I understand it, and things are off for a period until the courts sort through things," US Defense Secretary Donald Rumsfeld said.

Bryan Whitman, a Pentagon spokesman, said the government has not decided whether to appeal the ruling by US District Judge Colleen Kollar Kotelly. "This is something that happened last night. The government will obviously review the rulings of the court and make its decision from there," he said.

Kotelly ruled that the Hicks trial be suspended ahead of an anticipated ruling by the US Supreme Court on the legality of the special military tribunals set up after the September 11, 2001 attacks. Whitman stressed that the ruling applied only to Hicks, but no dates have been set for any other trials to start. Kotelly said the suspension would remain in effect "pending the issuance of a final and ultimate decision by the Supreme Court in that case." The Supreme Court has said it would give a ruling in 2006 on the military trials, which have faced criticism at home and abroad.

Hicks, 30, was the first of nine detainees to face trial by the special military commissions, which have been condemned by civil legal groups and even many of the military lawyers defending the detainees. A convert to Islam who was captured in Afghanistan in late 2001, Hicks faces charges of conspiracy to commit war crimes, attempted murder by an unprivileged belligerent and aiding the enemy. He has denied the charges.

Despite the Supreme Court intervention, the Pentagon had wanted Hicks' trial to proceed, while officials said they were aware that a court could order a suspension. The Supreme Court said last week it would rule next year on the legality of the military commissions in response to a challenge by lawyers for another detainee, Saleh Ahmed Hamdan, a Yemeni. There have been a series of court challenges to the tribunals.

A federal appeals court in July reaffirmed President George W. Bush's authority to order trials of "war on terror" detainees by the commissions in Hamdan's case. Hicks' lawyers filed a petition in federal court last week seeking a stay of his trial pending the Supreme Court ruling. The Pentagon brought war crimes charges against five more detainees a week ago, bringing to nine the number who face trial by military commission, on the same day that the Supreme Court said it would rule on the legality of the process.

Nearly 500 other detainees are being held without charge at the military-run prison at the Guantanamo Bay Naval Base in Cuba. Most of the inmates were captured in Afghanistan and Pakistan after a US-led offensive toppled the Taliban government in Kabul in late 2001. The United States has declared the detainees illegal enemy combatants who are not protected by the Geneva Conventions.


TOPICS: Australia/New Zealand; Breaking News; Government; News/Current Events; War on Terror
KEYWORDS: colleenkollarkotelly; davidhicks; detainees; gitmo; kollarkotelly; kotelly; ruling; terrortrials
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1 posted on 11/15/2005 3:22:46 PM PST by Valin
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To: Valin

Heck, why have trials and find out who's guilty when you can just keep punishing innocent and guilty together!


2 posted on 11/15/2005 3:24:03 PM PST by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: Valin

I think 90% of Federal Judges should be sent down to Guantanamo, and locked up permanently.


3 posted on 11/15/2005 3:25:58 PM PST by yarddog
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To: Valin
good grief ... what ever happened to separate but EQUAL branches of government.

the court, nor the congress, has any say in how the military treat it's prisoners of war.
4 posted on 11/15/2005 3:26:54 PM PST by conservative physics
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To: Valin
Kotelly ruled that the Hicks trial be suspended ahead of an anticipated ruling by the US Supreme Court on the legality of the special military tribunals set up after the September 11, 2001 attacks.

Huh??? Guess all those trials of the Nazi's for war crimes wouldn't happen in today's world?? An I missing something or is this BS like I think it is?

5 posted on 11/15/2005 3:27:50 PM PST by StarCMC (Old Sarge is my hero...doing it right in Iraq! Vaya con Dios, Sarge.)
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To: Valin

OK, so is Justice-pending Alito going to be seated in time to rule on this? Or will the Dems try and keep Sandra Day alive for this vote from the SC?


6 posted on 11/15/2005 3:29:43 PM PST by rhombus
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To: Valin

Judge K-K is a Clinton appointee, 1997


7 posted on 11/15/2005 3:30:43 PM PST by NormsRevenge (Semper Fi ... Monthly Donor spoken Here. Go to ... https://secure.freerepublic.com/donate/)
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To: StarCMC
"Guess all those trials of the Nazi's for war crimes wouldn't happen in today's world??"

Now, now. They were victims too. It is important to society to reach out to them and others among the less fortunate, those who weren't born with a silver spoon in their mouth, who haven't won life's lottery. We should celebrate their diversity and strive to learn from their alternative world-view, don't you think? That is a much more enlightened approach than brute punishment.
8 posted on 11/15/2005 3:44:15 PM PST by RightOnTheLeftCoast (You're it)
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To: Valin
...which have been condemned by civil legal groups and even many of the military lawyers defending the detainees.

OMG! Even the defense attorneys want their clients to get a better deal! If that's what the defense attorneys argue then it must be a good idea -- at least that's how the logic works with this writer.

Seriously, this is a pretty lousy piece of "news" writing.

9 posted on 11/15/2005 3:45:51 PM PST by 68skylark
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To: Valin

The courts can't make up their minds.


10 posted on 11/15/2005 3:46:51 PM PST by Brilliant
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To: yarddog

"I think 90% of Federal Judges should be sent down to Guantanamo, and locked up permanently."

...and take the Senate with them.


11 posted on 11/15/2005 3:48:22 PM PST by HonestConservative (Bless our Servicemen!)
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To: RightOnTheLeftCoast
don't you think?

Well, since you asked.... No. LOL! I say kill 'em all and let God sort 'em out.

In the words of Toby and Willie....

"Justice is the one thing
You should always find
You gotta saddle up your boys
You gotta draw a hard line.
When the gunsmoke settles
Sing a victory song
And we'll all meet back at the local saloon
Singin' whiskey for my men,
Beer for my horses."

12 posted on 11/15/2005 3:49:09 PM PST by StarCMC (Old Sarge is my hero...doing it right in Iraq! Vaya con Dios, Sarge.)
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To: Arrowhead1952; txradioguy; MoJo2001; 68-69TonkinGulfYachtClub; Bahbah; LUV W; AZamericonnie; ...

This one has me seething....Ping


13 posted on 11/15/2005 3:50:50 PM PST by StarCMC (Old Sarge is my hero...doing it right in Iraq! Vaya con Dios, Sarge.)
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To: Valin

Execute and then try them. If found innocent in the trial they can be exonerated and a apology given.Hee hee hee.


14 posted on 11/15/2005 3:52:26 PM PST by taxesareforever (Government is running amuck)
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To: Valin

Let's take it a step further: Stop taking prisoners.


15 posted on 11/15/2005 3:53:56 PM PST by Cyber Liberty (© 2005, Ravin' Lunatic since 4/98)
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To: StarCMC

GRRRRRRRR! What a bunch'a hugh maroons! They will regret that decision...but it'll still be Bush's fault!


16 posted on 11/15/2005 3:56:03 PM PST by luvie (Our will is strong, our nation is united, and we will settle for nothing less than victory. GWB11-11)
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To: StarCMC

Hoping for a few of these info nuggets to come to the forefront:

"The alleged terrorist during routine administrative transfer from his cell, started an altercation with the accompanying MPS guarding him. The alleged terrorist struggled with the MP to gain control of th MPs sidearm. In the subsequent struggle, the sidearm accidentaly discharged. The bullet entered the alleged terrorist's forehead and remain lodged in his head. The now deceased alleged terrorist expired due this accidental but fatal injury."

Said in a Chicago Cop accent


17 posted on 11/15/2005 3:57:49 PM PST by slapshot ("USAF- when you absolutely, positively need it delivered on target, on time, right away")
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To: slapshot

That's right. Shot while trying to escape. Darn. What bad luck. /sarc


18 posted on 11/15/2005 3:58:58 PM PST by StarCMC (Old Sarge is my hero...doing it right in Iraq! Vaya con Dios, Sarge.)
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To: Valin

Some of the judges need to be tried as well for aiding and abetting terrorism against the United States of America.


19 posted on 11/15/2005 4:01:41 PM PST by af_vet_1981
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To: NormsRevenge

I saw the K K and knew instantly who appointed her. Thanks for the confirmation. It just didn't look like your average citizen's name, and that usually indicates a lefty.


20 posted on 11/15/2005 4:02:46 PM PST by DoughtyOne
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