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Khephra Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 04:31 PM
Original message
Court Ruling Halts Guantanamo Proceedings
GUANTANAMO BAY NAVAL BASE, Cuba -- A U.S. federal court halted proceedings ahead of the military trial of Osama bin Laden's driver Monday, saying his status as an enemy combatant had to be determined by a competent tribunal.

It was the first time a federal court has halted proceedings ahead of trials before U.S. military commissions, which had been resurrected from World War II, at the Guantanamo Bay Naval Base.

A U.S. District Court judge in Washington halted the trial of Salim Ahmed Hamdan, 34, of Yemen, in a lawsuit filed by his lawyers.

"Unless and until a competent tribunal determines that petitioner is not entitled to protections afforded prisoners of war under Article 4 of the Geneva Convention ... of Aug. 12, 1949, he may not be tried by military commission for the offenses with which he is charged," U.S. District Judge James Robertson said in his ruling.
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Xipe Totec Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 04:38 PM
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1. It ain't over till the blind lady sings!
Gitmo is a big fat ball of tar stuck to George's Speedos. The more he tries to get rid of it, the more tar he spreads on himself.

If it's not one thing it's another: Gitmo, Abu Grahib, BBV, WMD, Halliburton, Oil prices, the Deficit, Global Warming....

...This may yet turn into a repeat of the post-election of 1972 after all.
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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 04:39 PM
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2. Lawyers .... this law student finds the term 'enemy combatant'..
to be one totally invented by the Bush administration, and the concept is being totally misused by it. In my mind, you are either an inhabitant of the U.S., in which case the Court has basically said that you are entitled to Miranda-rights, a speedy trial and counsel, or you are covered by the Geneva convention, and you must be treated accordingly.

What is the legal basis now for denying these incarcerated individuals their rights again.

I find it most ironic that I am obligated to discuss such rights on the Bar, as being the law of the land, when Bush is busy gutting them.
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jcv1 Donating Member (103 posts) Send PM | Profile | Ignore Mon Nov-08-04 06:57 PM
Response to Reply #2
3. The Rule of Law
I've attended law school now the entire * term and am comforted in knowing that the law is the final obstacle to tyranny. Whether these "enemy combatants" are guilty by association or not should be decided in a public forum under the bright light of truth. :)
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 07:47 PM
Response to Reply #3
4. the "bright light of truth..." the last thing the Bush administration wants shining on Gitmo.
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TacticalPeek Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 09:48 PM
Response to Original message
5. More excerpts from judge's ruling:
"The President is not a 'tribunal,' however. The government must convene a competent tribunal."

Monday, November 8, 2004 Last updated 5:50 p.m. PT

Excerpts of bin Laden driver court ruling


Excerpts of opinion issued Monday in the case of Salim Ahmed Hamdan versus U.S. Defense Secretary Donald H. Rumsfeld:

- "The only three facts that are necessary to my disposition of the petition for habeas corpus and of the cross-motion to dismiss are that Hamdan was captured in Afghanistan during hostilities after the 9/11 attacks, that he has asserted his entitlement to prisoner-of-war status under the Third Geneva Convention, and that the government has not convened a competent tribunal to determine whether Hamdan is entitled to such status. All of those propositions appear to be undisputed."

- "The major premise of the government's argument that the President has untrammeled power to establish military tribunals is that his authority emanates from Article II of the Constitution and is inherent in his role as commander-in-chief. None of the principal cases on which the government relies... has so held."

- "The government's first argument that the Third Geneva Convention does not protect Hamdan asserts that Hamdan was captured, not in the course of a conflict between the United States and Afghanistan, but in the course of a 'separate' conflict with al Qaeda. That argument is rejected... The Third Geneva Convention applies to all persons detained in Afghanistan during the hostilities there."


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