Reidblog [The Reid Report blog]

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Tuesday, June 05, 2007
While you were being bored into a coma by the Republican debate...
I blogged about this in an earliier post, but it can't be reiterated enough: the tossing by military judges of the Pentagon cases against a 20 year old Gitmo detainee who was captured at 15 on the battlefield in Afghanistan and Salim Hamdan, who was, not a lieutenant, but a driver for Osama bin Laden, but who was charged with conspiracy to commit terrorist acts by the Bush administration and prepped to be tried before one of their Germanic military commissions, is as big as news gets. The two cannot be tried, the court ruled, because both were mislabeled by the Bush administration as "enemy combatants," sans "unlawful," which contravenes the Military Commissions Act signed by President Bush last year. That law was meant to replace a previous military commissions scheme that was itself ruled unlawful by the U.S. Supreme Court.

This is the same Hamdan whose case, Hamdan v. Rumsfeld, established the important, but seemingly self-evident fact, that the Bush administration cannot try suspects picked up on the battlefield in contravention to the Geneva Conventions and the Uniform Code of Military Justice.

The dismissal of the two cases leaves only one successful military tribunal under the Bushies' belt: that of Aussie David Hicks, who was tried, convicted, and then promptly shipped back to Australia, where he is planning to appeal.

At issue is whether the Bush administration can grant to itself the power to bypass the courts, including the military courts, to hold or try anyone they like, citizen or non-citizen alike, and try them in any way they see fit, including imposing the death penalty, with no court review. Oh, and if someone happens to be found not guilty in one of their kangaroo courts? The administration wants the ability to hold them indefinitely in Guantanamo anyway. For an even more chilling example, see Jose Padilla.

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posted by JReid @ 10:09 PM  


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"[T]he practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny.'
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