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      06-12-2008, 12:26 PM   #1
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Supreme Court: Guantanamo Detainees Have Rights in Court

Supreme Court: Guantanamo Detainees Have Rights in Court


In Stinging Defeat for Government, Detainees Have Right to Challenge Detentions


By JAN CRAWFORD GREENBURG and ARIANE De VOGUE
June 12, 2008


In a stinging defeat for the Bush administration, the Supreme Court ruled today that detainees held at Guantanamo Bay, Cuba, have a constitutional right to challenge their detentions in federal court and that congressional legislation has failed to provide a reasonable substitute for such a hearing.
In this Dec. 4, 2006 photo, reviewed by a U.S. Dept of Defense official, a guard watches over a group of detainees, who pray inside a common area at Camp Delta 4 medium security detention facility, at Guantanamo Bay U.S. Naval Base, Cuba.
(AP Photo/Brennan Linsley)



The ruling invalidates portions of the Military Commissions Act of 2006, which created military tribunals to hear the cases of those held at Guantanamo.

The decision was 5-4, with Justice Anthony Kennedy joining the four liberal justices on the court.

Writing for the majority opinion striking down the Military Commissions Act, Kennedy wrote, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."

The stakes are enormous. The justices have thrown open the courthouse doors for the 270 detainees currently being held at Gitmo who will now argue that they should be allowed to be present in court with access to most of the evidence against them. It will also affect the cases of some detainees who have been charged with war crimes.

Kennedy wrote: "Liberty and Security can be reconciled; and in our system they are reconciled within the framework of the law. The framers decided that habeas corpus, a right of first importance, must be a part of that framework, a part of that law."

Conservative Justice Antonin Scalia wrote a blistering dissent and suggested that today's decision will damage national security. Scalia wrote "the game of bait-and-switch that today's opinion plays upon the nation's commander in chief will make the war harder on us. It will almost certainly cause more Americans to be killed."

Scalia also made note that some former detainees released from Guantanamo have returned to the battlefield. "Their return to the kill illustrates the incredible difficulty of assessing who is and who is not an enemy combatant in a foreign theater of operations where the environment does not lend itself to rigorous evidence collection."
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      06-12-2008, 01:03 PM   #2
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      06-12-2008, 01:55 PM   #3
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Originally Posted by Donutking View Post
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I'm not sure why you think this is offtopic.

I think this is great. Its wrong to keep people locked up for years without allowing them a right to a trial. Either bring charges against them or let them go.
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      06-12-2008, 01:58 PM   #4
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Originally Posted by lyndon_h View Post
I'm not sure why you think this is offtopic.

I think this is great. Its wrong to keep people locked up for years without allowing them a right to a trial. Either bring charges against them or let them go.
You obviously do not understand the issues that were before the Court. Try reading the opinion and the dissents before you comment.
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      06-12-2008, 02:05 PM   #5
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Quote:
Originally Posted by ganeil View Post
You obviously do not understand the issues that were before the Court. Try reading the opinion and the dissents before you comment.
idiot. wait i think i mentioned that before. ur never tired of these posts where u try to tell people they dont know what they're talking about? ur the only person on these forums who has not a fucking clue what ur talking about
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      06-12-2008, 02:09 PM   #6
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Originally Posted by ///Mantis View Post
idiot. wait i think i mentioned that before. ur never tired of these posts where u try to tell people they dont know what they're talking about? ur the only person on these forums who has not a fucking clue what ur talking about
Have you read the opinion the Court issued today?

The dissents?

How about any of the briefs presented in this case?

If you had, you would realize that the comment I responded to was not on point.
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      06-12-2008, 02:53 PM   #7
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Quote:
Originally Posted by ganeil View Post
You obviously do not understand the issues that were before the Court. Try reading the opinion and the dissents before you comment.
No, I'm pretty sure that i do understand the issues. Stop, read and reread your reply before you comment. That way you dont continually look like an asshole. I'd love to meat you in person. My bet is that you are much less abrasive. The computer often brings out peoples inner E-Toughness.
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      06-12-2008, 03:03 PM   #8
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Originally Posted by lyndon_h View Post
No, I'm pretty sure that i do understand the issues.
If you understood the issue, you would not have commented that the ruling had anything to do with a right to trial.
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      06-12-2008, 03:48 PM   #9
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Quote:
Originally Posted by scottwww View Post
FROM THE ARTICLE:
In a stinging defeat for the Bush administration, the Supreme Court ruled today that detainees held at Guantanamo Bay, Cuba, have a constitutional right to challenge their detentions in federal court and that congressional legislation has failed to provide a reasonable substitute for such a hearing. ."
Why is following Constitution and human rights always characterized as a "defeat" for the Bush Admin???



Quote:
Originally Posted by scottwww View Post

FROM THE ARTICLE:
The stakes are enormous. The justices have thrown open the courthouse doors for the 270 detainees currently being held at Gitmo who will now argue that they should be allowed to be present in court with access to most of the evidence against them. It will also affect the cases of some detainees who have been charged with war crimes.

Kennedy wrote: "Liberty and Security can be reconciled; and in our system they are reconciled within the framework of the law. The framers decided that habeas corpus, a right of first importance, must be a part of that framework, a part of that law." ."
What is wrong with this??? WHy wouldn't they get a fair trial???
WOuld our Gov't accept captured US Soldier in (sovereign) country to be sentenced without a trial?
Did the ones charged with the war crimes receive a trial?
Is there a law that says how long they can keep you in prison without a trial?
Were our Marines that snapped and killed innocent Iraqis sentenced for War Crimes or just "bad behavior"???


Quote:
Originally Posted by scottwww View Post

FROM THE ARTICLE:

Scalia also made note that some former detainees released from Guantanamo have returned to the battlefield. "Their return to the kill illustrates the incredible difficulty of assessing who is and who is not an enemy combatant in a foreign theater of operations where the environment does not lend itself to rigorous evidence collection."
How the hell does she know that???
Pure speculation as are the majority of things by this Admin...
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      06-12-2008, 04:08 PM   #10
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With this court decision in place, what are the options that are left on the table going forward? [I didn't read the decision, rather just this article.]
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      06-12-2008, 04:36 PM   #11
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Quote:
Originally Posted by ganeil View Post
Have you read the opinion the Court issued today?

The dissents?

How about any of the briefs presented in this case?

If you had, you would realize that the comment I responded to was not on point.
regardless u just love to ruin every thread but comments like that, u just throw them out there dude. cut the shit already
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      06-12-2008, 05:07 PM   #12
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Quote:
Originally Posted by ///Mantis View Post
regardless u just love to ruin every thread but comments like that, u just throw them out there dude. cut the shit already
Be nice
Ganeil only thinks he's a soldier, hero, brigade leader (or whatever he said), Lawyer, economist...
Turns out he's a war profiter, with unrealistic views of the world situation...
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      06-12-2008, 05:47 PM   #13
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Originally Posted by ///Mantis View Post
regardless u just love to ruin every thread but comments like that, u just throw them out there dude. cut the shit already
If you want to live in an echo chamber where everyone shares your mindless opinions because, well, it is what everyone else thinks then an internet forum is probably not the right place for you.
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      06-13-2008, 10:34 AM   #14
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I'd love to hear some discussion, not slandering, on the actual contents. Most people around the office here are spouting about "All men are created equal" I want to spout that as well, but have bit my tongue so far.
Are the opinions/dissents readily available to the general public, or does it require some $?
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      06-13-2008, 10:39 AM   #15
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They had trials before this decision... They weren't being denied any rights. This decision is absolutely sickening to me. As mentioned (on CNN no less) the detainees now have more rights than Nazi's and even more rights than an illegal alien picked up outside the local Home Depot. These people are enemy combatants, they have to rights other than to be held until the end of the conflict, which is admittedly forever. Giving them trials is more than we need to do. (And were already doing prior to this ruling) The only issue is the possibility for abuse of the "enemy combatant" moniker to apply to people who are in no way against the US. (Which this ruling doesn't really solve, because you'll still get caught up in the process for years waiting to get out)
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      06-13-2008, 11:06 AM   #16
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I have heard it suggested that it could lead in some situations to an effective "take no prisoners" policy. Could make sense.
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      06-13-2008, 04:10 PM   #17
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McCain lashes out at Court
Posted: Friday, June 13, 2008 2:58 PM by Domenico Montanaro
Filed Under: 2008, McCain

From NBC/NJ’s Carrie Dann
PEMBERTON, N.J. --
Quote:
“The United States Supreme Court yesterday rendered a decision which I think is one of the worst decisions in the history of this country,” he said at the beginning of a town hall meeting at Burlington County College today. Later, during a press conference, McCain said that the ruling “opens up a whole new chapter in interpretation of our Constitution.”

“We will regret very much in the days and months and years ahead this decision by the United States Supreme Court,” he warned.

The senator’s criticism of the decision, which would allow detainees to challenge their status at Guantanamo Bay in an American court, included the concern that habeus corpus suits would “flood” the courts, causing a further logjam in the adjudication of the cases.
...
Noting that 30 of the detainees released from Guantanamo Bay “have already tried to attack America again,” he added, “Our first obligation is the safety and security of our nation and the men and women who defend it. This decision will harm our ability to do that.”

Yesterday, the Politico reported that longtime McCain ally Lindsey Graham would pursue a constitutional amendment “if necessary” to overturn the ruling. Standing beside Graham at today’s press conference, McCain said that “we ought to exhaust our legislative options” before pursing that option, proposing instead legislation that would limit “frivolous” lawsuits against the United States.

“Our first effort is going to be to narrow the scope so that not anybody can sue under any circumstances,” he said.
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      06-13-2008, 04:18 PM   #18
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Has anyone seen a quote from Barack Obama on this yet? Or hasn't he had a chance to consult with the leaders of the 57 states yet to get his marching orders?
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