Suprem Court Decision on Detainees - Mercedes-Benz Forum

View Poll Results: What do you this of this Supreme Court decision?
Agree 6 66.67%
Don't agree 0 0%
Our government should be run by the military from now on 0 0%
The Supreme Court stepped out off its bound on this one 3 33.33%
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post #1 of 20 (permalink) Old 06-12-2008, 02:09 PM Thread Starter
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Supreme Court Decision on Detainees

Quote:
Court Says Guantanamo Detainees Have Right to Challenge Detention
Disagreeing With Ruling, President Bush Says He Will Consider New Legislation
By Robert Barnes and Dan Eggen
Washington Post Staff Writers
Thursday, June 12, 2008; 3:49 PM

The Supreme Court today rebuked the Bush administration for a third time for its handling of the rights of terrorism detainees held at Guantanamo Bay, Cuba, saying those in custody there have a constitutional right to challenge their captivity in federal courts.
By a 5 to 4 vote that brought strongly worded and remorseful dissents from the court's conservative justices, the majority held that an alternative procedure designed by the administration and Congress was inadequate to insure that the detainees, some of whom have been imprisoned for six years without a hearing, receive their day in court.
"The laws and Constitution are designed to survive, and remain in force, in extraordinary times," Justice Anthony M. Kennedy wrote. "Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law."
Justice Antonin Scalia took the unusual step of summarizing his dissent from the bench, calling the court's decision a "self-invited . . . incursion into military affairs," and was even stronger in a written dissent joined by Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel A. Alito Jr.
"America is at war with radical Islamists," Scalia wrote, adding that the decision "will almost certainly cause more Americans to be killed."
Roberts also filed a separate dissent defending the alternative process to judicial hearings, calling them "the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants."
President Bush, in Europe this week for meetings with foreign allies, said he strongly disagreed with the court ruling and said the administration would consider new legislation to handle the prisoners.
"We'll abide by the court's decision," Bush said. "That doesn't mean I have to agree with it. It was a deeply divided court, and I strongly agree with those who dissented. . . . That dissent was based upon their serious concerns about U.S. national security."
Bush also said the administration would consider new legislation that "might be appropriate so we can safely say to the American people: 'We're doing everything we can to protect you."
The president answered a question about the Guantanamo Bay ruling during a joint news conference in Rome today with Italian Prime Minister Silvio Berlusconi, a staunch Bush ally who was the first European leader to come out in favor of invading Iraq.
Justice Kennedy, resuming the pivotal role he played in last term's decisions, sided with the court's liberal justices in deciding that detainees had a constitutional right to habeas corpus -- the chance to protest their detention before an independent judge. In 2004, the court held that the detainees had that right under statute, which Congress then changed.
Kennedy defended the role of the courts even in time of war. "The gravity of the separation-of-powers issues raised by these cases and the fact that these detainees have been denied meaningful access to a judicial forum for a period of years render these cases exceptional," he wrote.
It was not immediately clear how judicial review of the detainees will proceed.
The cases decided today, Boumediene v. Bush and Al Odah v. United States, were brought on behalf of 37 foreigners who remain among the approximately 300 detainees at Guantanamo Bay. All were captured on foreign soil and have been designated enemy combatants. They've proclaimed their innocence and for years have asked federal courts for a chance to challenge their captivity.
Some have been imprisoned since soon after the terrorist attacks of Sept. 11, 2001, on the World Trade Center and the Pentagon, and while they have won at the Supreme Court before, none has had a full hearing before a federal judge.
The court has confronted the issue before, ruling in 2004 in Rasul v. Bush that federal habeas corpus statutes extended to Guantanamo Bay detainees because of the unique control that the U.S. government has over the land.
The Republican-led Congress responded by changing the law, and after another adverse court ruling and at the urging of the Bush administration, it passed the Military Commissions Act in 2006. The legislation endorsed a military system for designating detainees as enemy combatants and for trying those charged with crimes. It also strictly limited judicial oversight.
Eggen reported from Rome.
Is that a good thing or a bad thing? Should we just turn into a militaristic country and throw away this Supreme Court business?

Last edited by DP; 06-12-2008 at 02:15 PM.
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post #2 of 20 (permalink) Old 06-12-2008, 02:10 PM
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Drug-induced repost....

Suprem???!? Is that some kind of stripper body lotion?
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post #3 of 20 (permalink) Old 06-12-2008, 03:30 PM
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Hmmmmm, let's think it in practical terms.
Hassan wants to die killing americans.
He has not killed yet that we know of.
He is sure to get some virgines if he does.
Now Hassan is in a society were people think he is nuts.
Do we let him free to pursue his virgins craving?
Do we lock him up?
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post #4 of 20 (permalink) Old 06-12-2008, 03:36 PM Thread Starter
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Originally Posted by AndreiRN View Post
Hmmmmm, let's think it in practical terms.
Hassan wants to die killing americans.
He has not killed yet that we know of.
He is sure to get some virgines if he does.
Now Hassan is in a society were people think he is nuts.
Do we let him free to pursue his virgins craving?
Do we lock him up?
hmm Hassan is caught busy masturbating next to his AK47
He intended to kill Americans and hopefully in exchange he will no longer need his daily masturbation routine
While locked up, he was not given the benefit of trial because Hassan is in a society where people think he is nuts.
Why don't we just quickly send him to meet the virgins since we are not willing to try him, don't you think that would be the civilized way to handle this? I mean after all Hassan is a wanker and God knows we have too many of them on this planet
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post #5 of 20 (permalink) Old 06-12-2008, 06:33 PM
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"The laws and Constitution are designed to survive, and remain in force, in extraordinary times." - Justice Anthony Kennedy 2008

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post #6 of 20 (permalink) Old 06-12-2008, 08:37 PM
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Quote:
Originally Posted by AndreiRN View Post
Hmmmmm, let's think it in practical terms.
Hassan wants to die killing americans.
He has not killed yet that we know of.
He is sure to get some virgines if he does.
Now Hassan is in a society were people think he is nuts.
Do we let him free to pursue his virgins craving?
Do we lock him up?

hey, where is OBL?



in political asylum
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post #7 of 20 (permalink) Old 06-12-2008, 09:10 PM
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The implication of this decision by the SCOTUS is typical liberal good intentions with bad results. The number of prisoners taken will drop dramatically.

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post #8 of 20 (permalink) Old 06-12-2008, 10:25 PM
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^ Worst case, we won't take custody of them at all anymore, favoring instead to "outsource" their interrogations to a third party......ohhhh, sayyyyy....one that's conveniently exempt from any nation's laws.

Then again, the COTUS doesn't say anything about outsourcing the functions of torture to multinational corporations, and that's not what the Supreme Court was ruling on today.
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post #9 of 20 (permalink) Old 06-12-2008, 11:25 PM
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Originally Posted by bottomline1 View Post
The implication of this decision by the SCOTUS is typical liberal good intentions with bad results. The number of prisoners taken will drop dramatically.
Wow, what a bummer that would be...fewer dudes with funny names grabbed or handed over under sketchy terms or entirely inscrutable circumstances. If the Feds have nabbed these "bad guys" red-handed, as the Faux News propaganda machine would lead us to believe, then they shouldn't be afraid to try them under the full disinfecting sunlight of a proper Merkin-style legal proceeding.
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post #10 of 20 (permalink) Old 06-12-2008, 11:27 PM
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Wait until the next attack.
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