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2006-06-29 Home Front: WoT

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Posted by Mike 2006-06-29 15:39|| || Front Page|| [11128 views since 2007-05-07] Top

#1 In other words, this may not be as bad as we're all presuming/the press is telling us.

That's why I wait to see what the law prof and other lawyer-run blogs have to say. Besides the question of competence, I don't trust the MSM to tell me the color of the sky.

Posted by Xbalanke 2006-06-29 16:01|| 2006-06-29 16:01|| Front Page Top

#2 Kennedy gave himself time to consult Yurpeon Law so he can bone up on superior thinking and morality.

Posted by Crolump Glereper5426 2006-06-29 16:12|| 2006-06-29 16:12|| Front Page Top

#3 More here from Prof. Ann Althouse.

Posted by Mike 2006-06-29 16:21|| 2006-06-29 16:21|| Front Page Top

#4 What is it about the name Kennedy?

Posted by Besoeker 2006-06-29 16:31|| 2006-06-29 16:31|| Front Page Top

#5 those ~~assholes~~ members of the press corps tried to attack W at his presser with PM Koizumi this AM - he said "I haven't read it or been briefed on it - have you?" - they kept trying to frame it as a "repudiation" or "slap" at Bush.

Posted by Frank G">Frank G 2006-06-29 17:40|| 2006-06-29 17:40|| Front Page Top

#6 Since Congress can pass legislation to restrict the Court's jurisdiction in certain matters, is it not possible for the legislature to do this in the case of the Guantanamo prisoners? Their disposition has nothing whatsoever to do with the Geneva Conventions, although I can easily image the Supreme Court mandating that kind of treatment.

Posted by Anguper Hupomosing9418 2006-06-29 18:08|| 2006-06-29 18:08|| Front Page Top

#7 Hamdan was just a piano player in a whore house.

Posted by JohnQC 2006-06-29 19:50|| 2006-06-29 19:50|| Front Page Top

#8 AH9418, read Scalia's dissent.

Posted by Nimble Spemble 2006-06-29 20:03|| 2006-06-29 20:03|| Front Page Top

#9 No. 61, Misc. SUPREME COURT OF THE UNITED STATES 327 U.S. 1; 66 S. Ct. 340; 90 L. Ed. 499; 1946 U.S. LEXIS 3090 January 7, 8, 1946, Argued February 4, 1946, Decided

OVERVIEW: Petitioner contended that the military commission which tried him was
unlawfully created and without jurisdiction. The court disagreed and denied the writ. First, the commission was not only created by a commander competent to appoint it, but his order conformed to the established policy of the government and was in complete conformity with the Articles of War, 10 U.S.C.S. @@ 1471 -1593. Second, there was authority to convene the commission, even after hostilities had ended, to try violations of the law of war that were committed before the war's cessation, at least until peace was officially recognized by treaty or proclamation. Third, the charge against petitioner, which alleged that he breached his duty to control the operations of the members of his command by permitting them to commit specified atrocities, adequately alleged a violation of the law of war. And finally, petitioner was not entitled to any of the protections afforded by the Geneva Convention, part 3, Chapter 3, @ V, Title III, because that chapter applied only to persons subjected to judicial proceedings for offenses committed while prisoners of war.

OUTCOME: The court denied the petition for certiorari, and the motion for leave to file in the United States Supreme Court petitions for writs of habeas corpus and prohibition.

Posted by Sniper Chease8428 2006-06-29 20:32|| 2006-06-29 20:32|| Front Page Top

#10 How cowboyish.

The question that must be addressed, that Kennedy must answer, is: What would Carla del Ponte do?

Posted by Crolump Glereper5426 2006-06-29 20:41|| 2006-06-29 20:41|| Front Page Top

#11 Sorry, Sniper, I couldn't resist.

Thank you for posting the precedent - it is very interesting -- and very puzzling why the justices ruled and opined as they did in light of such precedent.

Posted by Crolump Glereper5426 2006-06-29 20:43|| 2006-06-29 20:43|| Front Page Top

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