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Showing posts from June 30, 2006

Bush loses big on Guantánamo

Somehow, by the grace of Athena, the Supreme Court yesterday managed to do, for a change, the right thing on the matter of the men being held illegally at a U.S. prison camp in Guantánamo Bay, Cuba -- at least half a world away from the places from which they were seized. You'll recall, mes amis , that the Bush administration had declared itself immune from the protocols of international and domestic law -- not to mention the Military Code of Justice -- in the matter of trials for the Guantánamo detainees. Because they were swept up as part of the so-called War on Terror -- which is being waged against the United States, according to the White House, not by governments but by individuals -- the administration contended that the rules by which our nation is bound in the conduct of warfare did not apply to those it deemed to be terrorists. Yesterday, the High Court ruled that the show trials of detainees concocted by the administration were not legal, because they did not meet th

Bush loses big on Guantánamo (cont'd)

From Tim Golden in today's New York Times : The Defense Department [asserted on Thursday] that the court's sweeping ruling against the tribunals did not undermine the government's argument that it can hold foreign suspects indefinitely and without charge, as "enemy combatants" in its declared war on terror. Privately, though, some administration officials involved in detention policy — along with many critics of that policy — were skeptical that Guantánamo could or would go about its business as before. "It appears to be about as broad a holding as you could imagine," said one administration lawyer, who insisted on anonymity because he was not authorized to discuss the ruling. "It's very broad, it's very significant, and it's a slam." Golden reports that some administration officials had argued that the government should craft its rules for Guantánamo detentions to conform with Article 3 of the Geneva Conventions. However, David Ad