The United States Supreme court opposes George W Bush’s plans for summary ‘trials’ by military commissions for detainees at Guantanamo Bay.
See also this cartoon.
And Clarence Thomas, chickenhawk.
Australia: new documentary film shown on Guantanamo, called Prisoner 345.
This video is the film Prisoner 345.
Dear Kitty. Some blog 
*Legislative Supremacy, The Laws of War, and the Geneva Holding*
Posted by: “hapi22” hapi22@earthlink.net robinsegg
Date: Fri Jun 30, 2006 11:15 am (PDT)
I don’t know if this blogger is on to something or not, but he believes
the Hamdam decision at the U.S. Sup. Ct. has MORE meaning than we
previously thought.
>
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*Legislative Supremacy, The Laws of War, and the Geneva Holding*
by Marty Lederman
Talking Points Memo Cafe
June 29, 2006
As I indicated here, the holding that the military commissions are
unlawful — although of enormous significance — is hardly the most
important holding of the Court today in Hamdan. At least three other
holdings are likely of greater lasting significance:
1. That the President’s conduct is subject to the limitations of statute
and treaty (see, e.g., footnote 23, and the Kennedy and Breyer excerpts
that Orin Kerr quotes).
2. That Congress’s enactments are best construed to require compliance
with the international laws of armed conflict, absent contrary
legislative direction.
3. That Common Article 3 of Geneva aplies as a matter of treaty
obligation to the conflict against Al Qaeda. (See also the AMK
concurrence: “The provision is part of a treaty the United States has
ratified and thus accepted as binding law. By Act of Congress, moreover,
violations of Common Article 3 are considered ‘war crimes,’ punishable
as federal offenses, when committed by or against United States
nationals and military personnel. See 18 U. S. C. § 2441.”) This ruling
has enormous implications for the Administration’s detention and
interrogation practices, because the Administration’s legal conclusion
that CA3 does not apply, and that we will not apply it as a matter of
practice, was the key linchpin to the entire edifice of legal maneuvers
that led to waterboarding, hypothermia, degradation, etc. See my post
here. Per today’s decision, the Administration appears to have been
engaged in war crimes, which are subejct to the death penalty. Although
I don’t think due process would allow prosecution based on conduct
previously undertaken on OLC’s advice that CA3 did not apply (after all,
the Chief Justice concluded, in the D.C. Circuit, that CA3 did not
apply), practices going forward are bound to change, and quick. (I’m
sure the memos are being drafted and distributed in the CIA and DOD even
as we “speak.”)
Contrary to several blogs I’ve read, the Court did not hold that all of
the protections of the Geneva Conventions apply to suspected Al Qaeda
detainees, or that they are entitled to all of the protections of POWs.
It held “merely” that the minimum baseline protections of Common Article
3 are binding — which is a floor far, far higher than the practices of
this Administration.
See more from Jack Balkin here.>>
Read this WITH LINKS to SOURCES at:
http://www.scotusblog.com/movabletype/archives/2006/06/the_common_arti.html
Read the Supreme Court decision re: HAMDAN v. RUMSFELD (No. 05-184),
along with dissenting and concurring opinions, at:
http://www.law.cornell.edu/supct/html/05-184.ZS.html
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*The Supreme Court clips Bush’s war wings*
Posted by: “hapi22” hapi22@earthlink.net robinsegg
Date: Fri Jun 30, 2006 11:47 am (PDT)
Right now, we are only ONE vote on the U.S. Supreme Court away from the
same sort of “justice” that prevailed in Nazi Germany — where the
government can do whatever it wants to do and the people have no rights
that matter.
One vote.
If Bush or anyone of his ilk gets to make even one more Sup.Ct.
appointment, we are FINISHED as a nation.
Finished.
>
————————————————————————
*The Supreme Court clips Bush’s war wings*
In a major rebuke to the president’s draconian tactics, the court rules
that secret military tribunals for terror suspects fundamentally violate
U.S. and international law.
by Walter Shapiro
Salon.com
June 30, 2006
>
Read this at: http://www.salon.com/opinion/feature/2006/06/30/hamdan/
Read Georgetown law professor Marty Lederman’s comments in SCOTUSblog
*Legislative Supremacy, The Laws of War, and the Geneva Holding,* at:
http://www.scotusblog.com/movabletype/archives/2006/06/the_common_arti.html
Read the Supreme Court decision re: HAMDAN v. RUMSFELD (No. 05-184),
along with dissenting and concurring opinions, at:
http://www.law.cornell.edu/supct/html/05-184.ZS.html
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*Did Bush commit war crimes?*
Posted by: “hapi22” hapi22@earthlink.net robinsegg
Date: Fri Jun 30, 2006 1:01 pm (PDT)
Bush is a criminal.
He and his gang have committed crimes against Americans here at home and
they have also committed war crimes that are punishable by death.
Strongmen have historically felt themselves to be above the law and not
subject to any scrutiny or punishment, but almost all of those strongmen
have eventually fallen and fallen hard.
Let’s hope.
The FIRST thing we have to do is elect a Democratic president and/or
Congress.
The asinine Republicans want to talk about gay marriage, flag burning
and other distractions.
We want to talk about war crimes, global climate change, the scary trade
deficit, the insupportable federal budget deficit, the escalating
federal debt, the 46 million Americans without health insurance, the
betrayed poor of New Orleans, and Republican fraud, graft , greed,
cronyism, corruption, incompetence and criminality.
WRITE, phone, scream, change the topic, so we can talk about OUR agenda.
War crimes would be a good place to start the conversation.
————————————————————————
*Did Bush commit war crimes?*
Supreme Court’s decision in Hamdan vs. Rumsfeld could expose officials
to prosecution.
by Rosa Brooks
The Los Angeles Times
June 30, 2006
>
[NOTE FROM ME: The lesson here? The FIRST thing we have to do
is elect a Democratic president and/or Congress.]
.
Read this at:
http://www.latimes.com/news/opinion/commentary/la-oe-brooks30jun30,0,339573.column?coll=la-home-commentary
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Bush Whitehouse Aide Arrested
http://www.forbes.com/home/feeds/ap/2006/06/29/ap2850965.html
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