High Court Will Review Gitmo Cases
Will Look At Whether Detainees Can Challenge Confinement In Federal Court
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Gitmo Cases To Be Reviewed
The Supreme Court agreed to hear appeals from some of the terror suspects being held at Guantanamo Bay, setting up a showdown between the justices and the Bush administration. Wyatt Andrews reports.
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The administration argues that a new law strips courts of their jurisdiction to hear detainee cases.
“In other words,” says CBS News correspondent Wyatt Andrews, “the two other branches of government have told the court to lay off Guantanamo and today the Supreme Court said ‘No.’”
The justices took the action without comment along with other end-of-term orders. In April, the court turned down an identical request, although several justices indicated they could be persuaded otherwise.
The move is highly unusual.
"Just because the justices have agreed to hear the cases doesn't mean they will automatically rule against the government and for the detainees," CBS News legal analyst Andrew Cohen says, though he adds the news will leave the White House "concerned."
The court did not indicate what changed the justices' minds about considering the issue. But last week, lawyers for the detainees filed a statement from a military officer in which he described the inadequacy of the process the administration has put forward as an alternative to a full-blown review by civilian courts.
"This is a stunning victory for the detainees," said Eric M. Freedman, professor of constitutional law at Hofstra Law School, who has been advising the detainees. "It goes well beyond what we asked for, and clearly indicates the unease up there" at the Supreme Court.
Gordon Johndroe, a spokesman for the National Security Council, said that "we did not think that court review at this time was necessary, but we are confident in our legal position."
The Justice Department issued a similar statement: "We are disappointed with the decision, but are confident in our legal arguments and look forward to presenting them before the Court."
Tom Wilner, an attorney for Guantanamo detainees, says the court is finally confronting the legal black hole of Guantanamo, reports Andrews. Of the 375 detainees, only 10 have been charged with a crime, and the evidence against the rest, Wilner says, can be farcical.
“The government has admitted that most of the evidence is simply second- or third-hand hearsay ... but for many people, there is no evidence,” says Wilner.
Five of the nine justices must agree to take a case that previously has been denied a hearing, according to an authoritative text on the Supreme Court.
The case is expected to be heard in the fall.
"I would not be surprised if five or more justices were willing again to tell the White House and Congress to try yet again to get it right," Cohen says.
In February, the U.S. Circuit Court of Appeals for the District of Columbia upheld a key provision of a law the Bush administration pushed through Congress last year stripping federal courts of their ability to hear the detainees' challenges to their confinement.
On April 2, the Supreme denied the detainees' request to review the February appeals court ruling.
The detainees then petitioned the court to reconsider its denial.
Dismissing the petitions would be "a profound deprivation" of the prisoners' right to speedy court review, lawyers for the detainees said.
The administration asked that the detainees' Supreme Court petitions be thrown out.
Many of the 375 detainees have been held at Guantanamo for five years.
In recent months, the main arena in the legal battle over the detainees has been the U.S. Circuit Court of Appeals for the District of Columbia.
The appeals court is considering how to handle the detainees' challenges to tribunals that found them to be enemy combatants, leaving them without any of the legal rights accorded prisoners of war.
The detainees' attorneys want the appeals court to allow a broad inquiry questioning the accuracy and completeness of the evidence the Combatant Status Review Tribunals gathered about the detainees, most of it classified.
The Justice Department has been seeking a limited review, saying that the findings of the military tribunals are "entitled to the highest level of deference."
An Army reserve officer and lawyer who played a key role in the enemy combatant hearings at Guantanamo Bay says tribunal members relied on vague and incomplete intelligence while being pressured to rule against detainees, often without any specific evidence. The officer's affidavit, submitted to the Supreme Court last Friday, is the first public criticism by a member of the military panels that determine whether detainees will continue to be held.
"I suspect that the disclosure about the corrupted CSRT proceedings and the very restrictive government view of what the detainees can do in the lower courts led the justices to conclude that they should take up these issues," said Washington attorney David Remes, who represents 18 detainees.
"The court's decision to hear the cases brings the detainees one step closer to receiving their day in court," said Remes.
The operation of Guantanamo Bay has brought global criticism of the Bush administration and condemnation from Democrats on Capitol Hill.
The cases are Boumediene v. Bush, 06-1195, and Al Odah v. U.S., 06-1196.
© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.



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See all 74 CommentsI've long believed that Congress ought to establish a peregrine court; aliens are not part of the people of the United States, and the Constitution was designed by and for the people of the United states. Let all the issues concerning the rights of aliens in the US be decided by a court whose focus is solely on non-citizens. Citizens of other countries who are guests here need a very clear set of legal principles to be laid out for them. They are given many rights that should be exclusively reserved for citizens, unless the US has signed international agreements giving them additional rights.
It may be necessary someday. The supreme court seems to be comprised of those too closely associated with the old world values their parents came grew out of.
The catholic church is not a democracy or even a republic. It's organization is based on a hierarchical structure that relates to the system of autocratic rule characteristic of the old world. I think the invaders of our government & supreme court should have run for positions in their old homelands but invasion and subversion is part of human history and the founders of the new world never said it would be easy to hold freedom. As a matter of fact I think there was warning that there would always be those looking to take it away and one can see the conservatives are the seeds of what comprised the old world aristocrats who kept society oppressed.
How can we expect an honest decision from this supreme court that is riddled with elitist entitlement to rule at their convenience.
In the end it always ends the same for them though.
This is good news for the detainees and good news for America. The Bush administration riding roughshod over the courts is over baby!!!
Libby going behind bars, Cheney investigated, Gonzo investigated and dubya cannot even get the rep leader of the Senate to back his immigration bill.
These next 18 months are going to be fun!!!
Lies and belief in political "solutions" got us into this mess, and most of us still believe they will get us out of the mess. It is nonsense. This conservative court is just fine, and true liberals should embrace it for the time being.
If they can kill us, we can kill them
Qaeda warns of attacks 'worse than 9/11'
http://www.breitbart.com/article.php?id=070530102648.wuwa6k96&show_article=1
Hizbullah Deputy Sec-Gen Sheikh Naim Qassem: We Have Jurisprudent Permission to Carry Out 'Martyrdom' Operations, Fire Missiles on Israeli Civilians From Ayatollah Khomeini
http://memri.org/bin/latestnews.cgi?ID=SD154907
Switching Sides: Inside The Enemy Camp
But then in 2000, well before his arrest, something happened which would make Abas question everything he believed in: a fatwa, a religious edict, was issued by Osama bin Laden.
"It should be understood that killing Americans and Jews anywhere found are the highest act of worship and the highest form of good deeds in the eyes of Allah," Simon quotes bin Laden.
Abas and his fellow commanders were ordered to read the fatwa to their men and make sure they carried it out. The others obeyed, but Abas refused. It was his moment of truth. He firmly believed that jihad was to be fought only on the battlefield in defense of Islam; he had always been taught that the killing of civilians had nothing to do with holy war and that it was forbidden.
The fatwa justified killing non-Muslim civilians everywhere.
http://www.cbsnews.com/stories/2007/05/04/60minutes/main2761108.shtml?source=RSSattr=60Minutes_2761108
American Al Qaeda Member Threatens Attack
http://www.cbsnews.com/stories/2007/05/29/terror/main2865282.shtml
the right to life, liberty and the pursuit
of happiness. who will provide it at what
cost is another story. taxes are involuntary
servitude, slavery. tax slavery. so is
working. involuntary servitude. like huey long's, everyman a king, owner of his own
plantation, which runs by itself, without
human assistance. all you do is lift your
mind to God in the Highest and the loot rolls
in, food magically appearing out of nowhere.
like aladdin's lamp. of course, the cordoba
research and development corporation was the
first to invent the 'aladdin device'. just
rub the lamp, and whatever you demand from
the genie within, magically appears. only
$5.99 at walmart, plus tax. they're selling
like hotcakes for the fourth of july.
kills you if you don't join it...
http://islamqa.com/index.php?ref=82201&ln=eng&txt=islam%20law%20kill%20kaafir
kills you if you leave it...
http://islamqa.com/index.php?ref=696&ln=eng&txt=kaafir%20kill
kills you if you don't do what they tell you to do..
http://islamqa.com/index.php?ref=6035&ln=eng&txt=kaafir%20kill
kills you if you speak against it%u2026.
http://islamqa.com/index.php?QR=22809&ln=eng
kills anybody that is not a member of it...
http://www.hauns.com/~DCQu4E5g/koran5.html
still practices slavery
http://islamqa.com/index.php?ref=12562&ln=eng&txt=slavery
still practices pagan rituals...
http://answering-islam.org/Silas/pagansources.htm
allows the r a p e of babies and animals...
http://www.homa.org/default.asp?TOCID=2083225445
a. satanic cult???
b. islam???
c. all the above???
Our Prophet commanded us to fight the kaafirs when we are able and to attack them in their homelands and to give them three choices before we enter their lands: either they become Muslim and be like us, sharing our rights and duties; or they pay the jizyah (poll tax) and feel themselves subdued; or they fight, in which case their wealth, women, children and homes become permissible as booty for the Muslims.
http://islamqa.com/index.php?ref=13759&ln=eng&txt=before%20islam%20arabia%20pagan
Don't worry lars, the last thing these prisoners are worried about is you boring them to death with your meaningless cut and paste.
Don't worry lars, the last thing these prisoners are worried about is you boring them to death with your meaningless cut and paste.
Posted by WDRussell1 at 01:24 PM : Jun 29, 2007
Russia: ex-Guantanamo detainee killed
http://news.yahoo.com/s/ap/20070627/ap_on_re_eu/russia_guantanamo
HAMAS MICKEY MOUSE SAYS
Islamic rule will benefit Christians and Jews
by Itamar Marcus and Barbara Crook - May 14, 2007
The force behind Hamas TV%u2019s controversial Mickey Mouse clone said today that his children%u2019s television program will continue to promote worldwide Islamic supremacy, for everyone's benefit, including Christians and Jews.
In a long interview on Hamas TV, Hazim Al-Sha%u2019arawi, Deputy Director of Al-Aqsa TV and one of the creators of the Hamas children%u2019s TV show Tomorrow%u2019s Pioneers, said that using the program to promote Islamic rule over other religions is actually promoting %u201Cjustice, goodness and world love.%u201D
Al-Aqsa TV and the Palestinian Authority have been under fire since PMW reported last week that Tomorrow%u2019s Pioneers was using a character named Farfur, a knockoff of Disney%u2019s Mickey Mouse character, to convey messages about Islamic supremacy as well as hatred of Jews, Israel and the U.S. Despite public statements by PA Minister of Information Mustafa Barghouti that the show would be taken off the air until it could be reviewed and revised, a new episode of the program %u2013 featuring Al-Sha%u2019arawi as one of the hosts %u2013 ran Friday.
http://pmw.org.il/bulletins_may2007.htm
http://www.youtube.com/watch?v=5S995NCeaUg
mjlewis6 - Great idea, we'll get 'em all. How big a draft do you think it might take, and who died and left the U.S. the policment of the world?
"From SATP.ORG: The Al Qaeda is reported to have a global reach, and the countries where it maintains a presence include Algeria, Egypt, Morocco, Turkey, Jordan, Tajikistan, Uzbekistan, Syria, Xinjiang in China, Pakistan, Bangladesh, Malaysia, Myanmar, Indonesia, Mindanao in the Philippines, Lebanon, Iraq, Saudi Arabia, Kuwait, Bahrain, Yemen, Libya, Tunisia, Bosnia, Kosovo, Chechnya, Dagestan, Jammu and Kashmri, Sudan, Somalia, Kenya, Tanzania, Azerbaijan, Eritrea, Uganda, Ethiopia, as also in parts of the West Bank and Gaza."
This might take a while. In the meantime, get real.
mjlewis6 - Great idea, we'll get 'em all. How big a draft do you think it might take, and who died and left the U.S. the policment of the world?
"From SATP.ORG: The Al Qaeda is reported to have a global reach, and the countries where it maintains a presence include Algeria, Egypt, Morocco, Turkey, Jordan, Tajikistan, Uzbekistan, Syria, Xinjiang in China, Pakistan, Bangladesh, Malaysia, Myanmar, Indonesia, Mindanao in the Philippines, Lebanon, Iraq, Saudi Arabia, Kuwait, Bahrain, Yemen, Libya, Tunisia, Bosnia, Kosovo, Chechnya, Dagestan, Jammu and Kashmri, Sudan, Somalia, Kenya, Tanzania, Azerbaijan, Eritrea, Uganda, Ethiopia, as also in parts of the West Bank and Gaza."
This might take a while. In the meantime, get real.
the religion of peace... hahahahaha
the war Muhammad ali baba started rages on 1400 years later...
623 - Battle of Waddan
623 - Battle of Safwan
623 - Battle of Dul-'Ashir
624 - Muhammad and converts begin raids on caravans to fund the movement.
624 - Zakat becomes mandatory
624 - Battle of Badr
624 - Battle of Bani Salim
624 - Battle of Eid-ul-Fitr and Zakat-ul-Fitr
624 - Battle of Bani Qainuqa'
624 - Battle of Sawiq
624 - Battle of Ghatfan
624 - Battle of Bahran
625 - Battle of Uhud. 70 Muslims are killed.
625 - Battle of Humra-ul-Asad
625 - Battle of Banu Nudair
625 - Battle of Dhatur-Riqa
626 - Battle of Badru-Ukhra
626 - Battle of Dumatul-Jandal
626 - Battle of Banu Mustalaq Nikah
627 - Battle of the Trench
627 - Battle of Ahzab
627 - Battle of Bani Quraiza
627 - Battle of Bani Lahyan
627 - Battle of Ghaiba
627 - Battle of Khaibar
628 - Muhammad signs treaty with Quraish.
630 - Muhammad conquers Mecca.
630 - Battle of Hunsin.
630 - Battle of Tabuk
632 - Muhammad dies.
http://www.carm.org/islam/islam_chrono
logy.htm
SearingTruth
A Future of the Brave - www.searingtruth.com
Its in the interest of national security that many of them remain in custody as enemy combatants.
The Supreme Court should never hear a case when
We hold these truths to be self evident, that ALL men are created equal...
Read that in some damned piece of paper somewhere...
Its in the interest of national security that many of them remain in custody as enemy combatants. ..."
pwrslm
Hmmm ....
I'm curious.
What makes you think any of these anonymous prisoners, illegally abducted and secretly held without charge or representation, are a threat to our national security, or have committed any crimes whatsoever?
Because Bush says so?
Because Stalin says so?
Because Mao says so?
Because Hitler says so?
That's what I thought.
Sheesh. Pretending like Americans just accept the word of a dictator that someone is guilty and then throw them in a dark whole forever, or simply murder them.
What do you think we are, simple good old fashioned Nazis?
Our founding fathers would be very, very, ashamed of you.
ST
"Some claim that freedom makes our country less secure."
SearingTruth
"It's not a war on terror gone wrong, it's a war on American liberty gone right."
SearingTruth
"Their inhumanity was confirmed by their ignorance of humanity itself."
SearingTruth
A Future of the Brave - www.searingtruth.com
In 1786, Thomas Jefferson, then U.S. ambassador to France, and John Adams, then American Ambassador to Britain, met in London with Sidi Haji Abdul Rahman Adja, the Dey%u2019s ambassador to Britain, in an attempt to negotiate a peace treaty based on Congress%u2019 vote of funding. To Congress, these two future presidents later reported the reasons for the Muslims%u2019 hostility towards America, a nation with which they had no previous contacts.
%u2026that it was founded on the Laws of their Prophet, that it was written in their Koran, that all nations who should not have acknowledged their authority were sinners, that it was their right and duty to make war upon them wherever they could be found, and to make slaves of all they could take as Prisoners, and that every Musselman (Muslim) who should be slain in Battle was sure to go to Paradise.
Sound familiar?
Thomas Jefferson and James Madison defeated the fascist nazi muslims 200 years ago
And again 100 years ago with Theodore Roosevelt
Tunisia in 1881 by France and Libya in 1911 by Italy. By then most of the Islamic world was under Christian domination. With the Ottoman Empire defeated in WW1, secularist Turkish rebels in 1923 overthrew the last Islamic Caliphate,
http://www.hawaiireporter.com/story.aspx?6bdec278-6a71-4436-bc4d-29d1c54b0ad7
And, on whom they did issue that declaration?
The president and congress blathering on about "being at war" does not constitute being at war. According to that lame definition, welfare recipients and drug dealers/users have no constitutional rights.
The US has been "at war" on poverty and drugs for over thirty years. Technically, if the USSC upholds the idiotic determination that the president or congress can arbitrarily suspend constitutional rights, drug dealers/users and poor people have no constitutional rights.
Which, given their support for fascism, would not be surprising.
lars008
OK, we get it. You hate Muslims and want them all dead.
But back to the topic at hand. What makes you think any of these anonymous prisoners, illegally abducted and secretly held without charge or representation, are the Muslims you are so racist against, a threat to our national security, or have committed any crimes whatsoever?
Because Bush says so?
Because Stalin says so?
Because Mao says so?
Because Hitler says so?
I guess the word of any good old fashioned dictator is good enough for you.
But not for us Americans.
We believe in that piece of paper that Bush and Cheney have been using for toilet paper for the last six years, The Constitution of the United States of America. And all the rule of law it embraces and upholds.
It's an American thing.
ST
"My simple request was justice."
SearingTruth
A Future of the Brave - www.searingtruth.com
dnc are like john adams and want to give the jihadist their lunch money hoping they will leave us alone....
gop are like thomas jefferson and want to spend their lunch money on weapons and go kick the jihadists in their arses.....
What Thomas Jefferson learned from the Muslim book of jihad
Thomas Jefferson knew about fascist nazi islam..... he killed plenty of them....
In 1786 Jefferson and John Adams went to negotiate with Tripoli's envoy to London, Ambassador Sidi Haji Abdrahaman or (Sidi Haji Abdul Rahman Adja). They asked him by what right he extorted money and took slaves. Jefferson reported to Secretary of State John Jay, and to the Congress:
The ambassador answered us that [the right] was founded on the Laws of the Prophet (Mohammed), that it was written in their Koran, that all nations who should not have answered their authority were sinners, that it was their right and duty to make war upon them wherever they could be found, and to make slaves of all they could take as prisoners, and that every Mussulman who should be slain in battle was sure to go to heaven.[1]
http://en.wikipedia.org/wiki/First_Barbary_War
http://www.usvetdsp.com/jan07/jeff_quran.htm
muslim justifies slavery and piracy%u2026
http://www.hawaiireporter.com/story.aspx?6bdec278-6a71-4436-bc4d-29d1c54b0ad7
Posted by SearingTruth
BOY oh BOY
did you blow it
its the muslims that want everyone else dead!!
pay attention boy!!
i wonder tho, wut forms of gardening we'll soon find irrational ... for instance: weed killet in one hand and weed super fertilizet in the other as a form of etch-a-sketch
i noticed recently reading some old anthology of poems how cruel the few about the ugly of age and the beauty of outh appeard
if one day soon evolution will succeed defending even the weakest, weak plants and microbes and molecules as well as creatures, and even the dust spends all day getting wishes come true by way of 'eternal storyboards' or 'pc construction wombs' or something,
then, is it more likely earth will beild eternity, or more likely eternity built earth?
i saw an old picture recently of a fallen home on the shore after a storm and in the foreground, a patch of green growth and it made me wonder if anyone builds homes not by tearing down trees to create stable structures, but by stabilizing trees to create stable structures?
where do i find a hundred billion billion new medical you are here map songs and dances and arts and crafts and skits and kits per day? i'm still searching
Read that in some damned piece of paper somewhere...
Posted by Space_Poet
and that means that all al Queda losers should stay in Jail!!
The truth is self evident.
Zionism is as much a threat to the world as any other form of religion inspired extremism.
Zionism is terrorism.
SearingTruth
how can you contradict your self and betray your county like this? You deny one of the most steadfast facts in that Islamic History itself teaches us that there can be no peace with muslims, and then turn around and promote a lie about our own government?
so pathetic
on the flip flop
winners will never be losers, just like loser never win
Posted by SearingTruth
BOY oh BOY
did you blow it
its the muslims that want everyone else dead!!
pay attention boy!!"
pwrslm
Boy oh boy, did you miss the irony, so I'll try to make it simpler.
There are always a small minority of people, in any group, religious or not, that want to kill everyone else, for some unfathomable reason.
Ironically, their usual justification is that there is a small minority of people in another group that think the same way they do, and want to kill all of them.
I hope that was simple enough for you.
Now, back to the topic at hand.
You never answered what makes you think any of the anonymous prisoners, illegally abducted and secretly held without charge or representation, are a threat to our national security, or have committed any crimes whatsoever?
Is it because Bush says so?
Because Stalin says so?
Because Mao says so?
Because Hitler says so?
I just can't wait to hear the obfuscated answer.
ST
"I love my fuhrer. If he wants to break the law, that%u2019s OK. He is the law."
1942, Warsaw Ghetto, Unknown German Citizen, Observing a decomposing mass
A Future of the Brave - www.searingtruth.com
"A deetainee isn't like a convict. No.. We feed'em. We give'em a book'a wership. We treat them like princes."
They're standard Republican bad guys. Done nothing, and in prison for it.
They probably even liked Bush's campaign platform! "Faith based"!
+ report abuse
**********
if you would stop taking your 'news' from comedy central then you would realize who and what we are fighting. Since day one it was made clear that we are at war...WITH RADICAL ISLAM..it is that perverted concept of islam that we need to deal with because it feeds its followers the fuel to kill people.
********
According to that lame definition, welfare recipients and drug dealers/users have no constitutional rights.
again, stop getting your news from Al Franken..you should get some tips from Nifong when you get a biiiiittt to over zealous with that nonesense.
Now about poverty and war on drugs for 30 years..well why dont we get an update on how much money and publicity these liberals gained since they started the "lets save the world" scam. now the war on drugs..reference your rant about dealers/users having no rights..we are gaining zero grounds because THEY HAVE MORE RIGHTS than the rest of society and cannot be easliy swayed away from drugs or hindred in supplying us with drugs..hell those NON AMERICAN mexican cartels has more ALCU clout that AMERICANS.
You thought it wasn't fake? Holy macaronni. You should be locked up, pal.
Barbara Bush: "They should consider themselves lucky! They probably never ate so good!"
WHY IS IT NOT ONE MUSLIM COUNTRY GRANTS EQUAL RIGHTS TO NON MUSLIMS???
FASCIST NAZI ISLAM SAYS UNIVERSAL DECLARATION OF HUMAN RIGHTS VIOLATES ISLAM LAW...
Universal Declaration of Human Rights
http://www.un.org/Overview/rights.html
For example, in 1981, the Iranian representative to the United Nations, Said Rajaie-Khorassani, articulated the position of his country regarding the Universal Declaration of Human Rights by saying that the UDHR was "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law.
http://www.un.org/terrorism/
http://www.un.org/terrorism/strategy-counter-terrorism.html
http://www.un.org/
But the accepted assumption in India is that most of India's Muslims were converted to Islam through the sword. Meaning the Indians were given an option between death or adopting Islam. The third option was getting examined in Islam religion along with heavy taxes- Jeziya (poll tax) and Kharaj (property tax).
http://adaniel.tripod.com/Islam.htm
this is what fascist nazi islam calls peace....
are you ready to live under islam rule as a non muslim???
apartheid fascist nazi islamic style
Rights of Non-Muslims in an Islamic State
http://www.sullivan-county.com/id3/islamic_state.htm
Thats why Bush is signing contracts with hollywood to be a movie star after he gits outta de whitehouse. Deyz gonna make him a John Wayne! See.. wit a white collar. "Praise Jesus!" He's gonna say, shoot'n people, every bullet cost'n a million dollars.
Gonna be a hellofa movie.
Nah.. If you really want truth around here, best go to Church.
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