"Legal experts say a potential landmark ruling against the trials
would curb US President George Bush's expanded powers in punishing
suspected terrorists."
Interesting to see if Justice Scalia recuses himself after clearly
prejudicial statements against the plaintiffs over the weekend.
David Bier
US court takes up Guantanamo case
The US Supreme Court has begun hearing a case on the legality of the
military trials at the Guantanamo Bay prison camp in Cuba.
Lawyers for detainee Salim Ahmed Hamdan - former driver for Osama Bin
Laden - say the tribunals are unconstitutional.
Legal experts say a potential landmark ruling against the trials would
curb US President George Bush's expanded powers in punishing suspected
terrorists.
Mr Hamdan, from Yemen, denies charges of conspiracy to commit war crimes.
Mr Hamdan's lawyer told US Supreme Court justices in Washington that
the tribunals - formally called "military commissions" - were flawed.
"This is a military commission that is literally unburdened by the
laws, constitution and treaties of the United States," Neal Katyal
said, according to the Associated Press news agency.
Mr Hamdan's lawyers earlier said the commissions - the first such
trials since World War II - breached the 1949 Geneva Convention
governing the treatment of "enemy combatants" in time of war.
The Bush administration says the conventions do not apply to al-Qaeda
members.
Mr Hamdan, who has been held at Guantanamo since 2002, says he was
paid a pittance as Bin Laden's driver in Afghanistan and denies he was
a member of al-Qaeda.
Of the 490 suspected al-Qaeda and Taleban prisoners detained at the
base, 10 people, including Mr Hamdan, face military trials.
The military commissions have been set up by the Pentagon on President
Bush's orders.
Challenge to Bush
Mr Hamdan's trial was halted last year when a federal court ruled that
he could only be tried by a military commission if it was proved that
he was not a prisoner of war.
Before joining the Supreme Court, Chief Justice John Roberts was part
of the US appeals court panel that ruled against Mr Hamdan.
Because of the conflict Mr Roberts has removed himself from the case,
which will now be heard by the remaining eight members of the US'
highest court.
The BBC's Justin Webb in Washington says this is seen as one of the
most important cases to come before the Supreme Court since the 11
September 2001 attacks.
Legal scholars see it as a challenge to the Bush administration's
assertion that the president has wide powers to fight terrorism as he
sees fit - powers granted by the Constitution and by Congress.
Efforts by the White House to get the Supreme Court to drop the case
have been rebuffed by the justices, who believe this is an issue they
should at least consider, our correspondent says.
The court is expected to issue a ruling in early summer.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/americas/4852316.stm
Published: 2006/03/29 00:06:29 GMT
----
Posted by David Bier, CADRE Intel Mgr
http://groups.google.com/group/publicintel
âMost men would rather believe than knowâ (Ben Franklin)
Cargo Security:
http://msnbcmedia.msn.com/j/msnbc/Sections/Newsweek/Components/Photos/Mag/060306_Issue/060225_perspcartoon_wide.hlarge.jpg
Notes for Converts:
http://www.huffingtonpost.com/jane-smiley/notes-for-converts_b_17662.html
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