Supreme Court rules out Gitmo trials- for now
The Supreme Court has ruled 5-3 that President Bush had no authority to authorize military trials of illegal combatants detained at Guantanamo Bay.
The Court did not dispute the legality of the camp itself. Chief Justice John Roberts, who sided with the Administration as a Federal judge earlier in the case, recused himself.
The decision was reached on the basis of Federal statute and the Geneva Accords, not on constitutional grounds. Sen. Lindsey Graham (R-SC) and others in Congress are studying the possibility of passing legislation to create a way of trying prisoners at Gitmo that would conform with the court'sruling. Administration sources reportedly are optimistic about that possibility.
Many of the home countries of the prisoners refuse to take them back. Trials in civil courts- which the legislation being introduced today by Graham and Sen. John Kyl (R-Az) will probably facilitate as an alternative- will be a nightmare because of the classified information which will need to be presented by the prosecution and the propaganda forum it will give Al Quaeda and other terrorist groups.
The Adminstration's position has been that the prisoners, being illegal combatants, are not covered by the Geneva Accords. The Court disagreed. The President himself has stated that it is his understanding that ruling does not require that the "hardened killers" imprisoned at Gitmo will not be simply "turned loose onto the streets," pointing to the efforts of Senators Graham and Kyl. He stated unequivocally, however, that the Administration will conform with the Court's ruling.
HT: Drudge, Fox News
ADDENDUM: The Graham-Kyl bill apparently would simply grant the President the statutory authority to conduct those military trials the Court said he lacked.
The Court did not dispute the legality of the camp itself. Chief Justice John Roberts, who sided with the Administration as a Federal judge earlier in the case, recused himself.
The decision was reached on the basis of Federal statute and the Geneva Accords, not on constitutional grounds. Sen. Lindsey Graham (R-SC) and others in Congress are studying the possibility of passing legislation to create a way of trying prisoners at Gitmo that would conform with the court'sruling. Administration sources reportedly are optimistic about that possibility.
Many of the home countries of the prisoners refuse to take them back. Trials in civil courts- which the legislation being introduced today by Graham and Sen. John Kyl (R-Az) will probably facilitate as an alternative- will be a nightmare because of the classified information which will need to be presented by the prosecution and the propaganda forum it will give Al Quaeda and other terrorist groups.
The Adminstration's position has been that the prisoners, being illegal combatants, are not covered by the Geneva Accords. The Court disagreed. The President himself has stated that it is his understanding that ruling does not require that the "hardened killers" imprisoned at Gitmo will not be simply "turned loose onto the streets," pointing to the efforts of Senators Graham and Kyl. He stated unequivocally, however, that the Administration will conform with the Court's ruling.
HT: Drudge, Fox News
ADDENDUM: The Graham-Kyl bill apparently would simply grant the President the statutory authority to conduct those military trials the Court said he lacked.
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