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<font size=3>June 29, 2006<br>
<a href="http://www.nytimes.com/2006/06/29/washington/29cnd-scotus.html" eudora="autourl">
http://www.nytimes.com/2006/06/29/washington/29cnd-scotus.html<br>
</a></font><h1><b>Supreme Court Blocks Trials at Guantanamo
</b></h1><font size=3>By
<a href="http://topics.nytimes.com/top/reference/timestopics/people/o/john_oneil/index.html?inline=nyt-per">
JOHN O'NEIL</a><br><br>
The Supreme Court today delivered a sweeping rebuke to the Bush
administration, ruling that the military tribunals it created to try
terror suspects violate both American military law and the Geneva
Convention. <br><br>
In a 5-to-3 ruling, the justices also rejected an effort by Congress to
strip the court of jurisdiction over habeas corpus appeals by detainees
at the prison camp in Guantánamo Bay, Cuba. <br><br>
And the court found that the plaintiff in the case, Salim Ahmed Hamdan, a
former driver for Osama bin Laden, could not be tried on the conspiracy
charge lodged against him because international military law requires
that prosecutions focus on specific acts, not broad conspiracy charges.
<br><br>
President Bush today said that he would comply with the ruling and would
work with Congress "to have a military tribunal to hold people to
account'' that would meet the Court's objections. <br>
But he stressed his determination not to release suspected terrorists
merely because the administration's tribunals had been rejected.
<br><br>
“The ruling won’t cause killers to be put out on the streets,’’ he said.
"I'm not going to jeopardize the safety of the American people.''
<br><br>
The majority ruling was written by Justice John Paul Stevens, who was
joined in parts of it by Justices David H. Souter, Ruth Bader Ginsburg
and Stephen Breyer. Justice Anthony M. Kennedy wrote a concurring
opinion. <br><br>
Justices Antonin Scalia, Clarence Thomas, and Samuel J. Alito Jr.
dissented. Chief Justice John G. Roberts Jr. did not take part in the
case, since he had ruled in favor of the government as an appeals court
justice last year. <br><br>
Justice Thomas took the unusual step of reading his dissent from the
bench, the first time he has done so in his 15 years on the court. He
said that the ruling would "sorely hamper the president's ability to
confront and defeat a new and deadly enemy." <br>
In the majority opinion, Justice Stevens declared flatly that "the
military commission at issue lacks the power to proceed because its
structure and procedure violate" both the Uniform Code of Military
Justice, which governs the American military's legal system, and the
Geneva Convention. <br><br>
Justice Stevens rejected the administration's claims that the tribunals
were justified both by President Bush's inherent powers as commander in
chief and by the resolution passed by Congress authorizing the use of
force after the Sept. 11. There is nothing in the resolution's
legislative history "even hinting" that such an expansion of
the president's powers was considered, he wrote. <br><br>
Mr. Hamdan was captured by Afghan troops in November 2001 and turned over
to American custody, and has been held at the Guantánamo Bay prison since
2002. His case has been seen as crucial to deciding the future of the
several hundred detainees held at the camp, which has come under steady
and increasing criticism from countries around the world. <br><br>
In a ruling two years ago written by former Justice Sandra Day O'Connor,
the court said that powers given to the administration by Congress for
the fight against Al Qaeda did not amount to a "blank check,"
and said that detainees were entitled to a judicial process that met
minimum legal standards. But it did not spell out what those standards
entailed, and the military tribunals have essentially been frozen as
appeals by detainees worked their way through the legal system. <br><br>
President Bush said recently that he would like to close the camp, but
needed to wait for the Hamdan ruling to see whether the military could
proceed with its tribunals or if another form of trial would be have to
be found for those detainees the administration wishes to keep in
custody. <br><br>
Cmdr. Charles Swift, the Navy lawyer assigned by the military to
represent Mr. Hamdan, said at a televised news conference held outside
the Supreme Court that the logical next step would be for Mr. Hamdan to
be tried either by a traditional military court martial, as provided for
under the Geneva Convention, or by a federal court. <br><br>
He called today's ruling "a return to our fundamental values."
<br><br>
"That return marks a high-water point," Commander Swift said.
"It shows that we can't be scared out of who were are, and that's a
victory, folks." <br><br>
Richard Stamp, a lawyer with the Washington Legal Foundation, which filed
briefs supporting the government in the case, called the ruling a
"disappointment" and an example of judges "clearly making
it up as they go along." <br><br>
Mr. Stamp said the court had ignored its own precedents justifying the
use of tribunals instead of courts martial, and was substituting its own
judgment for the president's in his role of commander in chief. "For
the court to step into the war-making arena, where it has no expertise,
is inappropriate," he said. <br><br>
Mr. Stamp also said he believed the court "has set itself up against
both the Congress and the president" by rejecting a law passed last
year that stripped the Supreme Court over jurisdiction over appeals by
Guantánamo inmates. <br><br>
During arguments before the Supreme Court in March, a majority of the
justices appeared highly protective of their authority over such cases.
<br><br>
During the arguments, Justices Antonin Scalia and Samuel A. Alito Jr.
raised the question of whether the proper time for Mr. Hamdan to
challenge the validity of the tribunal would be after it reached a
verdict. "In the normal criminal suit, even if you claim that the
forum is not properly constituted, the claim is not adjudicated
immediately," Justice Scalia said. <br><br>
But Justice Stevens today wrote that the fact that Mr. Hamdan has so far
been barred from attending the tribunal's proceedings against him was
proof that a violation already existed. <br><br>
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