Horrible decision on Hamdan
The Supreme Court ruled Thursday that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees.This opinion defies logic. It also shows that stare decisis is meaningless to the liberal block which in effect overturns sixty year old decisions of tribunals in war time. It also makes it impossible to try the terrorist. They will all likely have to be set free to murder more people. It is hard to imagine a worse dicision during this war. This is worse than Bill Kellers decsion to publish classified information. It is absolutely stunning bad.
The ruling, a rebuke to the administration and its aggressive anti-terror policies, was written by Justice John Paul Stevens, who said the proposed trials were illegal under U.S. law and international Geneva conventions.
The case focused on Salim Ahmed Hamdan, a Yemeni who worked as a bodyguard and driver for Osama bin Laden in Afghanistan. Hamdan, 36, has spent four years in the U.S. prison in Cuba. He faces a single count of conspiring against U.S. citizens from 1996 to November 2001.
The vote was split 5-3, with moderate Justice Anthony M. Kennedy joining the court’s liberal members in ruling against the Bush 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.