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Politics : I Will Continue to Continue, to Pretend....
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To: Sully- who wrote (21089)6/30/2006 2:42:05 PM
From: Sully-   of 35834
 
Trying to make sense of the Hamdan decision

Betsy's Page

Ronald Cass has a column explaining all the mistakes in the majority's reasoning in the Hamdan decision. Read the whole thing, but here's an excerpt:

<<< The justices clearly had something big to say on the military tribunal issue and didn't want to have Congress pull the rug out from under them. Fortunately, what they actually said wasn't as big as the headlines suggested. They didn't say anything about the legality of the detentions at Guantanamo, or the treatment of the prisoners, or tell the President he had no authority to set up military commissions no matter what.

But they did take shots at the President, the Congress, and common sense in an opinion that has more twists and turns than one of John Kerry's speeches - or a run down the slopes of Davos.

Under the law passed by Congress in 2005, the President is authorized to alter the design of military tribunals if he deems it impracticable to offer the procedures ordinarily applied in other trials. That is exactly what the President did here.

The President clearly said that Guantanamo terror suspects could not be given the same protections as citizens charged with criminal acts. And even Justice Stevens said the Court should defer to the President on that.

But, said the Court, the President did not make "a similar official determination that it is impractical to apply the usual rules for courts-martial." Actually, he did. But he didn't utter the magic incantation, the Harry Potter phrase that would make the tribunals fly.

As Justice Stevens observed "the only reason offered in support of that determination is the danger posed by international terrorism." Those whose loved ones died at the hands of al Qaeda terrorists may be surprised that isn't enough - as might anyone who understands that these are trials for terrorism, not trespassing. But the justices said it is "not evident to us why" concerns over terrorism justify changing the rules. >>>

betsyspage.blogspot.com

realclearpolitics.com
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