Supreme Court Blocks Bush, Gitmo War Trials

The Supreme Court has decided 5-3 (Roberts recused himself) that the administration cannot try detainees being held in Guantanamo in the military tribunal format they had hoped to use.

The ruling raises major questions about the legal status of about 450 men still being held at Guantanamo and exactly how, when and where the administration might pursue the charges against them.

The confinement of enemy combatants captured on the field of battle has never resulted in habeas corpus issues in the past, and the ability to wage this new type of war, in my opinion, has been greatly diminished by this ruling.

Justice Thomas dissents:

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.

Justice Thomas puts his finger on the central issue when he asks how much power we are willing to give President Bush with which to carry out his constitutional duty to provide security for our nation. People not happy with the administration’s tactics so far will find no relief in precedent; all the rules changed on 9/11, and all three branches of government are making this up as they go along.

Just yesterday, I heard an interview with an assistant to the SecDef, where he explained that 15 freed detainees have subsequently been recaptured after again taking up arms against U.S. forces. I think, based on their dissents, that Justices Scalia, Thomas, and Alito, are the only ones that seem to realize the ramifications of today’s decision.

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Go here to read the SALIM AHMED HAMDAN, PETITIONER v. DONALD
H. RUMSFELD, SECRETARY OF DEFENSE, et al. decision in its entirety.