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Ear to the Ground

Court Ruling May Cancel Bush’s ‘Blank Check’ for Terror War

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Posted on Jun 29, 2006

Specifically, today’s Supreme Court ruling held that the president overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees.

  • But more important, Think Progress interprets the ruling to mean that “the Authorization for the Use of Military Force – issued by Congress in the days after 9/11 – is not a blank check for the administration.”
  • Also, SCOTUSblog says the ruling means that the Geneva Convention does apply to the conflict with Al Qaeda, and consequently “this almost certainly means that the CIA’s interrogation tactics of waterboarding and hypothermia (and others) violate the War Crimes Act.”

  • 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.

    Link

    SCOTUSblog:

    As I predicted below, the Court held that Congress had, by statute, required that the commissions comply with the laws of war—and held further that these commissions do not (for various reasons).

    More importantly, the Court held that Common Article 3 of Geneva aplies as a matter of treaty obligation 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…

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    By Hiding Lindquist, June 30, 2006 at 6:13 am #
    (Unregistered commenter)

    In response to Comment #12699 by Scott on 6/29 at 10:23 pm:

    Scott, our Declaration of Independence has been, still is, and will be more than a good theory. It clearly declares a set of transcending ideals that guide us in our tumultuous struggle to become what we ought to be in the face of our “isness”.

    There is no perferct state of being for humanity, because our evolution is like the expansion of a balloon’s surface, the more we experience, the more we know, and the more we know, the more we experience because out of our knowledge (our “awareness") we create new ways to experience.

    Who and what we are as Americans can be demonstrated in the interactions of a set of contemporary Americans at different times in our history ... for me a good example is the period of Eisenhower (as Supreme Commander under FDR) - Truman - McCarthy - Eisenhower - Kennedy - Dr. Martin Luther King Jr. ... a turbulent period in our path forward--ever forward through twists and turns of buffetting opposing forces--guided by our ideals set forward so clearly by individuals at the dawn of our great nation who declared “for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”

    Our heritage contains no greater words than these:

    “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

    Bushco is a boil on our backside to be lanced and healed ... an ugly sore to be sure, painful and threatening ... but we have overcome horrible things done in our name before at great cost and suffering to ourselves and--sadly--to others ... but that is exactly the point ... we press on to what we ought to be, clearly stated at our beginning.

    It is an honor to have been born and lived my whole life in a nation that once allowed slavery and where the strongest example of our ideals during my lifetime was provided by a black man, Dr. Martin Luther King Jr, teaching us the power of peace and nonviolence.

    We SHALL overcome. That is the enduring value of the transcending ideals of our Declaration of Independence.

    Report this

    By Scott, June 29, 2006 at 9:23 pm #
    (Unregistered commenter)

    Have you considered the possibility that your Declaration of Independance is both over-rated and outdated?

    It sounds good in theory but...it seems to me it should have checked the development of a government like George W. Bush’s long before he could even register on the public’s consciousnness, never mind come to offend it.

    How did it ever come to this in the first place America?

    Report this

    By c woof, June 29, 2006 at 6:22 pm #
    (Unregistered commenter)

    Pardon my typo. I meant Frist, not Frisk.

    Report this

    By c woof, June 29, 2006 at 6:17 pm #
    (Unregistered commenter)

    What concerns me is that now it appears Congress may rush to enact something which will legitimate what GW has wanted to do all along-- in effect, it has some possibility of ‘backfiring’ and producing legislation, rushed or otherwise, to cover the administration’s collective ass and allow them to do what they’ve been doing. Frisk mumbled something on the way to the 4th.

    Stay tuned. Stay vigilant.

    Eat more local vegies.

    Report this

    By Margaret Currey, June 29, 2006 at 2:49 pm #
    (Unregistered commenter)

    Maybe we ought to get rid of King George, maybe he should be thrown out of office.

    M Currey, Portland, Oregon

    Report this

    By Hilding Lindquist, June 29, 2006 at 9:13 am #
    (Unregistered commenter)

    Doesn’t this mean that the Bush Administration has in fact violated the applicable laws AND the Geneva conventions? Doesn’t THAT then mean that they have committed war crimes or at least SOME crime, like breaking the law is a crime, isn’t it? And isn’t it obvious that the Bush Adminsitration conspired to do so?

    Or am I missing something here?

    Our Declaration of Independence clearly states: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

    I mean, how basic can you get?

    The Declaration also reads: “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

    “He has refused his Assent to Laws, the most wholesome and necessary for the public good.

    “He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.”

    Sound familiar? And what was that English king’s name? Ah yes, George, wasn’t it?

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