Thursday, June 29, 2006

Hamdan, SCOTUS Ruling

When the ruling came out this morning, all I heard on talk radio was how bad this ruling was. How could the terrorists be given protection under the Geneva Convention? It was ruled that President Bush did not have authority to set up the tribunals so that they were illegal under both military justice law and the Geneva Convention. This meant that the terrorists were to have trials under the federal law as if they were citizens of the U.S.

Well, people have had time to chill out and digest the ruling. Although the MSM has been hailing this as a failure for President Bush, from what I have been reading it maybe a great gift for him.

Since the Court has declared that it was not questioning the government's power to hold Hamdan "for the duration of active hostilities", the government is not under any obligation to release Hamdan or any other Gitmo prisoner. Which is fine by me! Since this war will be lasting a number of years, I am quite content to let the terrorists rot in Gitmo.

If the government really does what to put the terrorist on trial, the court has said either trial them as ordinary criminal defendants or have Congress establish the military commissions that are needed. Senators Lindsey Graham and Jon Kyl have stepped up:
"We intend to pursue legislation in the Senate granting the Executive Branch the authority to ensure that terrorists can be tried by competent military commissions. Working together, Congress and the administration can draft a fair, suitable, and constitutionally permissible tribunal statute."

Really, it appears to be a win-win for President Bush. Give the MSM and the cry-baby liberals a few days. They'll realize that they really didn't win anything today.

Thanks!
Scotusblog
Captainsquarters
Andrew Cochran
Dennis Byrne
Powerline

1 comment:

andy adkins said...

I would be pleased to see more suspected terrorists tried within the federal court system. The possibility that any defendant will be acquitted is remote and our penal centers are stocked with individuals who mete out unorthodox justice to dispicable types. Furthermore, adding legal legitimacy to their detention will boost our diplomatic hand beyond the trite irrelevance of power politics.