Rekjalhew

June 29, 2006

No War Trials for War Enemies Held at Guantanamo Bay Prison. Where They are Treated Better Than They Deserve! (Audio)

by @ 4:36 pm. Filed under Audio, Judiciary, Nuts on Parade, Terrorism and War

In one of their worst rulings of all time, the United States Supreme Court ruled in a 5-3 decision, that enemy terrorists thugs being held at Gitmo cannot be subjected to war crimes trials ordered by the Commander-in-Chief President George W. Bush. To prevent the Commander in Chief from waging war against the enemy and treat it like something “all 3 branches” of government must be involved in is totally insane. Once the war begins it’s the job of the executive branch alone to determine how to deal with the enemy. I prefer taking no prisoners and giving the enemy what they deserve on the battle field, but taking prisoners is good for information about other enemies. Which is why I have no problem with troops doing what they feel necessary to obtain that information. But just the same, the terrorists in Gitmo get treated very well. More about conditions at Gitmo later. Here’s an MSM report about the ruling.

Supreme Court Blocks Bush, Gitmo War Trials

The Supreme Court ruled Thursday that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees, saying in a strong rebuke that the trials were illegal under U.S. and international law.

Bush said there might still be a way to work with Congress to sanction military tribunals for detainees and the American people should know the ruling “won’t cause killers to be put out on the street.”

The court declared 5-3 that the trials for 10 foreign terror suspects violate U.S. law and the Geneva conventions.

The ruling raises major questions about the legal status of the approximately 450 men still being held at the U.S. military prison in Cuba and exactly how, when and where the administration might pursue the charges against them.

The vote was split 5-3, with moderate Justice Anthony M. Kennedy joining the court’s liberal members in most of the ruling against the administration. Chief Justice John Roberts, named to the lead the court last September by Bush, was sidelined in the case because as an appeals court judge he had backed the government over Hamdan.

Thursday’s ruling overturned that decision.

Justice Clarence Thomas wrote a strongly worded dissent from Thursday’s ruling and took the unusual step of reading part of it from the bench - something he had never done before in his 15 years. He said the court’s decision would “sorely hamper the president’s ability to confront and defeat a new and deadly enemy.”

The court’s willingness, Thomas wrote in the dissent, “to second-guess the determination of the political branches that these conspirators must be brought to justice is both unprecedented and dangerous.”

Justices Antonin Scalia and Samuel Alito also dissented.

Stevens suggested that the administration would be best off trying Hamdan and others before regular military courts-martial trials.

So we see 3 had their heads on straight (John Roberts would have made 4 if he could have participated), while 5 are total idiots. 5 want to treat the enemy like some “regular military” individuals. They are not “regular”, they are not citizens and the only right they have is to wait for us to kill them or decide otherwise. These are the terrorists that were caught in the mist of a war! These are members of the enemy that was behind 9/11. They should be treated as such and given war trials. And that’s nicer than they deserve.

Now you see why people like Justice Clarence Thomas are good and the Liberals are not. Because the Liberals will give your enemy everything he needs to kill you!

Here’s part of Justice Antonin Scalia’s dissent.

Excerpt from SALIM AHMED HAMDAN, PETITIONER v. DONALD H. RUMSFELD, SECRETARY OF DEFENSE, ET AL.

JUSTICE SCALIA, with whom JUSTICE THOMAS and JUSTICE ALITO join, dissenting.

On December 30, 2005, Congress enacted the Detainee Treatment Act (DTA). It unambiguously provides that, as of that date, “no court, justice, or judge” shall have jurisdiction to consider the habeas application of a Guantanamo Bay detainee. Notwithstanding this plain directive, the Court today concludes that, on what it calls the statute’s most natural reading, every “court, justice, or judge” before whom such a habeas application was pending on December 30 has jurisdiction to hear, consider, and render judgment on it. This conclusion is patently erroneous. And even if it were not, the jurisdiction supposedly retained should, in an exercise of sound equitable discretion, not be exercised.

Here’s part of Justice Clarence Thomas’ dissent. Which I must say really is a home run!

JUSTICE THOMAS, with whom JUSTICE SCALIA joins, and with whom JUSTICE ALITO joins in all but Parts I, II–C–1, and III–B–2, dissenting.

For the reasons set forth in JUSTICE SCALIA’s dissent, it is clear that this Court lacks jurisdiction to entertain petitioner’s claims, see ante, at 1–11. The Court having concluded otherwise, it is appropriate to respond to the Court’s resolution of the merits of petitioner’s claims because its opinion openly flouts our well-established duty to respect the Executive’s judgment in matters of military operations and foreign affairs. The Court’s evident belief that it is qualified to pass on the “[m]ilitary necessity,” ante, at 48, of the Commander in Chief’s decision to employ a particular form of force against our enemies is so antithetical to our constitutional structure that it simply cannot go unanswered. I respectfully dissent.

I

Our review of petitioner’s claims arises in the context of the President’s wartime exercise of his commander-in-chief authority in conjunction with the complete support of Congress. Accordingly, it is important to take measure of the respective roles the Constitution assigns to the three branches of our Government in the conduct of war.
As I explained in Hamdi v. Rumsfeld, 542 U. S. 507 (2004), the structural advantages attendant to the Executive Branch—namely, the decisiveness, “‘activity, secrecy,and dispatch’” that flow from the Executive’s “‘unity,’” id., at 581 (dissenting opinion) (quoting The Federalist No. 70,
p. 472 (J. Cooke ed. 1961) (A. Hamilton))—led the Founders to conclude that the “President ha[s] primary responsibility—along with the necessary power—to protect the national security and to conduct the Nation’s foreign relations.” 542 U. S., at 580. Consistent with this conclusion, the Constitution vests in the President “[t]he executive Power,” Art. II, §1, provides that he “shall be Commander in Chief” of the Armed Forces, §2, and places in him the power to recognize foreign governments, §3. This Court has observed that these provisions confer upon the President broad constitutional authority to protect the Nation’s security in the manner he deems fit. See, e.g., Prize Cases, 2 Black 635, 668 (1863) (“If a war be made by invasion of a foreign nation, the President is not only authorized but bound to resist force by force . . . without waiting for any special legislative authority”); Fleming v. Page, 9 How. 603, 615 (1850) (acknowledging that the President has the authority to “employ [the Nation's Armed Forces] in the manner he may deem most effectual to harass and conquer and subdue the enemy”).

Yesterday Kirby Wilbur was filling in for Sean Hannity and interviewed Charles “Cully” Stimson, Deputy Assistant Secretary of Defense Office of Detainee Affairs. The interview covered a lot about Gitmo, the terrorists detained there and their treatment.

Here are some points from the interview, although there are more I don’t list here.

This is an interview worth hearing, especially after today’s ruling.

Hear the interview using the link below.
Kirby Wilbur and Charles “Cully” Stimson discuss Gitmo - ASF Audio
(For the sake of bandwidth there will be no other formats made.)



2 Responses to “No War Trials for War Enemies Held at Guantanamo Bay Prison. Where They are Treated Better Than They Deserve! (Audio)”

  1. Independent Conservative Says:

    Mark Levin on the Al Qaeda 5! (Audio)

    The US Supreme Court decision to suspend the President’s approved war tribunals for terrorists held at Guantanamo Bay is a terrible setback for American security. But it is a great event for our enemies in Al Qaeda. Mark Levin was able to bes…

  2. Independent Conservative Says:

    Enemy Who Worked for Osama bin Laden Praises “Allah” and Happy With US Supreme Court Decision

    A man who worked for the #1 Most Wanted Man in the world by the USA, is happy. He’s happy and some Liberals are happy. This shows who is acting in the best interests of the enemy.

    Prisoner grateful to Allah and U.S. courts (Some emphasis…

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