Congressional Authorization of Bush's Military Commissions Is NOT Enough

[cal04]

Justice Breyer stated in today’s Hamdan opinion, “Nothing prevents the President from returning to Congress to seek the authority he believes necessary.” Reacting to Breyer, Sen. Lindsey Graham said on Fox, “The court is telling us that tribunals would be okay if you have the Congress’ blessing.”

President Bush seems to be quickly embracing the idea.

As I understand, a senator has already been on TV — I haven’t seen it. I haven’t heard what he said, but they briefed me and said he wants to devise law in conformity with the case that would enable us to use a military tribunal to hold these people to account. And if that’s the case, we’ll work with him.

But if Bush truly wants to devise law in conformity with the opinion, the military commissions will need to undergo significant changes. Mere congressional authorization of the military commission that the Bush administration has conceived will not be enough to pass the legal test. Today’s Supreme Court opinion makes clear that a congressionally-authorized military commission would need to comply with Geneva Conventions, particularly Common Article 3. From the opinion:


more
http://thinkprogress.org/2006/06/29/gitmo-geneva/
International Humanitarian Law - Treaties & Documents
http://www.icrc.org/ihl.nsf/0/e160550475c4b133c12563cd0051aa66?OpenDocument

[Solly Mack]

1. Exactly. Military tribunals are legal...however

While Bush can convene one...he can't rewrite the laws/rules/regulations governing tribunals...which is what he did. Bush did not follow set law.

Bush chose not to follow the laws governing tribunals...federal, international and from the UCMJ...instead he opted to make new rules up

and it's not enough to get the "blessing" of Congress because Bush would still be breaking the law if Congress just said..."go ahead with your trials as they stand"...and Congress would be breaking the law as well.

Bush has to follow the laws and it's Congress job to make him. Congress doesn't even need to create a law..simply state the fact that laws already exist governing military tribunals and Bush has to follow those laws already in place.

That said...

Bush broke the law with his brand of military tribunals and it's Congress's duty to impeach the piece of shit.

If Congress does anything less than impeachment at this point, then Congress is allowing Bush to get away with breaking federal and international law...and that makes them just as guilty.

[Solly Mack]

2. correction needed...

I got my military articles confused

Article 21 refer to court martial

and the President does NOT have the authority to convene tribunals

he has the authority to prescribe within tribunals certain things but it's up to COngress to allow for a tribunal.