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To: carranza2 who wrote (171672)6/29/2006 11:15:54 PM
From: D. Long  Read Replies (1) | Respond to of 793895
 
Instead, the Court held illegal the way in which the Commissions were set up

That's what I got out of it too. The UCMJ and GCs set a floor to treat the detainees in absence of clear statutory authority to do otherwise. It seems to go something like this:

1. detainees must be tried according to laws of war
2. GC and UCMJ govern law of war
3. GCs call for uniformity with regular tribunals or whatever the terminology was
4. UCMJ calls for certain courts-martial procedures
5. Admin or Congress has not justified why tribunals are not uniform with standard courts-martial
6. therefore, not legal

It looks like Congress can wave a magic statute wand and make it good. The above might be mistaken, I read the case pretty fast.

Derek