A majority of the Supreme Court yesterday seemed to favor keeping jurisdiction over whether the Bush administration can try suspected terrorists using special military tribunals, and several of the justices seemed to have serious questions about the tribunals themselves. The justices heard oral arguments in the case of Salim Ahmed Hamdan, a Yemeni identified by the U.S. government as Osama bin Laden's driver. Hamdan was captured in Afghanistan in the wake of the Sept. 11 terrorist attacks and sent to the U.S. detention camp at Guantanamo Bay, Cuba, where he remains pending trial on a terror conspiracy charge.Hamdan is challenging the U.S. government's right to try him using a military tribunal or commission, which would afford him fewer protections than a civilian court or a military co...
On Fox News's "The O'Reilly Factor" on September 20, Brian Ross, chief investigative correspondent for ABC News, reported that a tough interrogation technique called "waterboarding" had been used by the Central Intelligence Agency to break Mohammed, inducing him to surrender "very valuable" information. Last week, as Congress finished drawing up legislation to govern interrogation procedures for detained terrorists, members of Congress provided conflicting views on whether it prohibited waterboarding. In an interview last week with HUMAN EVENTS Assistant Editor Amanda Carpenter, Senate Intelligence Chairman Pat Roberts (R.-Kan.) concurred with McCain's understanding that waterboarding would be terminated. SEN. JOHN CORNYN (R.-TEX.): What we have through the Detainee Treatment Act and th...
...'s motion to dismiss, holding that the detainees had no rights that could be vindicated in a habeas... pending, Congress passed the Detainee Treatment Act of 2005 (DTA), §1005(e) of which amended 28 U...
A mere two terms ago in Hamdan v. Rumsfeld, when the court held (quite amazingly) that the Detainee Treatment Act of 2005 had not stripped habeas jurisdiction over Guantanamo petitioners' claims, four members of today's five-Justice majority joined an opinion saying the following: Nothing prevents the President from returning to Congress to seek the authority [for trial by military commission] he believes necessary.
NEW YORK-"A second marriage," wrote Samuel Johnson, "is the triumph of hope over experience." Last week, I explained that the Beltway politicians running the Democratic Party don't plan major changes should they win big in the mid-term elections. Nancy Pelosi and her fellow neo-nons are so scared of being called weak on national security that they'll continue to waste billions of dollars and thousands of bodies on Afghanistan and Iraq. There won't be any investigations of the Bush Administration's actions over the last six years, much less impeachment hearings. Get Out of Iraq Now: Bob Corker, a Republican running a notably dirty campaign for Senate in Tennessee, favors "breaki[ng] down this discussion that's either a 'cut and run' strategy or a 'stay the course' strategy. Somewhere in ...
... on freedom and decency must go: the MCA, Detainee Treatment Act, Terrorist Surveillance Program Act ...
'Legal contortions' A primary sponsor of the Detainee Treatment Act, the 2005 law at the center of the Supreme Court's Hamdan decision, says Justice John Paul Stevens engaged in 'legal contortions' and turned the record of Congress' deliberations 'upside down' in the Court's 5-3 decision against the Bush administration's plan to use military commissions to try suspected terrorists," Byron York writes at National Review Online (NRO) (www.nationalreview.com).
On Thursday June 12, 2008, a narrow five-member majority struck down the Detainee Treatment Act of 2005, the so-called military tribunals' law.This law was passed by Congress to set up procedures for the legal treatment of unlawful enemy combatants in order to prevent terrorists from flooding our federal courts.Not only does the decision in the case, Boumediene v. Bush, run contrary to precedent and the Constitution, but it is yet another dangerous example of the judiciary usurping the constitutional authority of the political branches of government. Most importantly, this ruling stands sharply at odds with the national-security reality that Americans face: We are in a global war with terrorists who seek to destroy our country and our way of life. This threat is real. They have attacked...
The Department of Defense (DOD) and the Army are committed to applying the domestic and international law standards outlined in the Detainee Treatment Act (DTA),4 the War Crimes Act (WCA),5 and the Military Commissions Act (MCA),6 including provisions of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment7 and CA3 to the Geneva Conventions in DOD Detention and Interrogation Operations. Department of Defense Directive 2310.01E, "The DOD Detainee Program" adopts the provisions of Common Article 3, preventing assaults, hostage taking, outrages upon personal dignity (including humiliating and degrading treatment of all kinds), and sleep deprivation.15 Further, para's. 2.2, 4.1 and 4.2 provide that during all armed conflict, however characterized, DO...
On April 23, the National Consortium of Torture Treatment programs - including 34 programs that care for "victims of politically motivated torture" - awarded Sen. John McCain its 2006 Human Rights Visionary Award for his "tireless work to pass the McCain Anti-Torture Amendment." Omitted was McCain's disturbing silence after his amendment was made meaningless to prisoners at Guantanamo Bay when President George W. Bush signed the Detainee Treatment Act of 2005 in December. That law strips these prisoners of the habeas corpus rights provided them in the U.S. Supreme Court's ruling in Rasul et al. v. Bush in 2004. Accordingly, no matter how harsh these detainees' conditions of confinement are, they have no recourse to our courts. For example, during the brutal force-feeding of prisoners on...
ver las páginas en versión mobile | web
ver las páginas en versión mobile | web
© Copyright 2013, vLex. All Rights Reserved.
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
Other interesting searches:
Delta Lloyd Schadeverzekering N.V. | Hitachi-Lg Data Storage Korea, Inc. | Dower | judgment debt instalment order | Burt Webber | Comercio internacional en colombia | Venta ilícita de llaves | cognome origine | Censos
