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Politics : I Will Continue to Continue, to Pretend.... -- Ignore unavailable to you. Want to Upgrade?

To: Sully- who wrote (21105)	6/29/2006 6:28:39 PM
From: rich evans	Respond to of 35834

What a convoluted decision. Bushes Military tribunal not have enough due process etc - notice,confront witness, lawyer, evidence rules,independent judge, 5th amend, so not pass smell test. So can't try AQ just leave them in prison until conflict over per Judge Stevens: <<< We have assumed, as we must, that the allegations made in the Government’s charge against Hamdan are true. We have assumed, moreover, the truth of the message implicit in that charge—viz., that Hamdan is a dangerous individual whose beliefs, if acted upon, would causegreat harm and even death to innocent civilians, and who would act upon those beliefs if given the opportunity. It bears emphasizing that Hamdan does not challenge, and we do not today address, the Government’s power to detain him for the duration of active hostilities in order to prevent such harm. But in undertaking to try Hamdanand subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in thisjurisdiction. >>> Scalia says no jurisdiction since congress passed statute saying no Court of US , judge or justice shall have jurisdiction concerning any detainee at Gitmo.Stehens says not retroactive. Thomas and Aliota say Military tribunals set up OK. So headlines saying Justices rebuke Bush on Gitmo are 100% wrong. Gitmo OK, just can't try them in the Military Tribunals setup by Bush. Can't try them in Courts anymore so left with UCMJ. Leave them in Gitmo to rot IMO. Also conspiracy is not an illegal act of War. Plan all you want to blow up Congress etc. Can't try in Military tribunal or under UCMJ and Art 3 of Geneva convention. HMMM. Scalia, Thomas have better of this argument. Limbo,limbo,limbo. Watch the spin . Rich