Salim Ahmed Hamdan, Petitioner v. Donald H. Rumsfeld, Secretary of Defense, et al.
In all other excitement, I've neglected to mention how pleased I was with the Hamdan ruling. Check it out:
[W]e conclude that the military commission convened to try Hamdan lacks power to proceed because its structure and procedures violate both the UCMJ and the Geneva Conventions.On the one hand, the Supreme Court merely requires that the executive not create its own rules but instead enforce the laws of the legislature. But that's actually something of a big deal with this current executive, who declares presidential power to be nothing less than plenary.
Thankfully the Court disagrees. But then they go a step even further, and they say that Common Article 3 applies. Oh, yeah, baby. You go, Supremes.
And so now the administration says that they'll work with Congress to craft some actual, you know, laws and stuff. And that until some other individual determination is made, prisoners will be accorded prisoner of war status under Geneva.
How about that?
posted by 4mastjack @ 8:01 PM
3 comments
3 Comments:
This gives me some hope, as well, that W's power to do what he wants will be reigned in a little bit. It's about time.
It'll be fascinating to see how this new court will play out. Will Anthony Kennedy have the real clout now?
You would think, as tyrannical as Chimpy McBusHitler is, he would just ignore the Court.
Because that's what tyrants do, right?
BTW - By giving terrorists POW status, the GC allows us to hold them as prisoners until the cessation of hostilities.
Also, by not wearing uniforms or any other distinguishing markings, they can be labelled as spies and all the status they get is a bullet to the back of the head.
Then no one has to worry that the temperature in their cells is set a little too low. Or that someone looked askance at their USGI copy of the Koran.
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