In the Courts

SUPREME COURT

Military tribunals ruled illegal

 

Similar stories:

McClatchy News Service

EXCERPTS FROM COURT RULING; COMMENTS OF OTHERS

Selected quotes follow from the Supreme Court's 5-3 ruling Thursday that the Bush administration exceeded its constitutional authority by creating military tribunals for prisoners at Guantánamo Bay, Cuba, as well as from others:

From the majority opinion by Justice John Paul Stevens: "The military commission at issue lacks the power to proceed because its structure and procedures violate both the [Uniform Code of Military Justice] and the four Geneva Conventions signed in 1949." "Even assuming [detainee Salim Ahmed] Hamdan is a dangerous individual . . . the executive nevertheless must comply with the prevailing rule of law in undertaking to try him and subject him to criminal punishment." From a concurring opinion by Justice Anthony M. Kennedy: "As presently structured, Hamdan's military commission exceeds the bounds Congress has placed on the president's authority. . . . Because Congress has prescribed these limits, Congress can change them."

President Bush: "To the extent that there is latitude to work with the Congress to determine whether or not the military tribunals will be an avenue in which to give people their day in court, we will do so. "The American people need to know that this ruling, as I understand it, won't cause killers to be put out on the street. . . . I'm not going to jeopardize the safety of the American people. . . I understand we're in a war on terror; that these people were picked up off of a battlefield; and I will protect the people and, at the same time, conform with the findings of the Supreme Court."

Sen. Russell Feingold, D-Wis., of the Senate Judiciary Committee: "The Supreme Court's decision concerning military commissions at Guantánamo Bay is a major rebuke to an administration that has too often disregarded the rule of law. It is a testament to our system of government that the Supreme Court has stood up against this overreaching by the executive branch."

Senate Majority Leader Bill Frist, R-Tenn., in a statement: " Congress should work with the president to update our laws on terrorist combatants to respond to the new threats of a post-9/11 world. Since this issue so directly impacts our national security, I will pursue the earliest possible action in the United States Senate."

Read more In the Courts stories from the Miami Herald

  •  

Protesters oppose  holding detainees at the military prison in Guantanamo Bay during a demonstration in front of the US Capitol in Washington, DC, on Jan. 11, 2012, the 10th anniversary of the arrival of the first group of detainees to be held at the prison. The protesters marched down Pennsylvania Avenue from the White House, past the US Capitol before finishing up across the street at the US Supreme Court.

    US SUPREME COURT

    Justices reject Padilla, Guantánamo appeals

    The U.S. Supreme Court declined to take up any of seven Guantánamo detainee cases, and also refused to reinstate a lawsuit by former ‘enemy combatant’ Jose Padilla against former Secretary of Defense Donald Rumsfeld

  • War court

    Pentagon charges former U.S. resident at Guantánamo in terror plot

    The Pentagon’s war crimes prosecutor proposes to put a graduate of a suburban Baltimore high school now detained at Guantánamo on trial for attempting to kill Pakistan’s president and conspiring to blow up gas stations.

  • WAR COURT

    Guantánamo judge won’t subpoena Yemeni leader

    The chief military commissions judge refused a defense request to order Yemen’s embattled leader, now in New York for medical treatment, to undergo war court questioning in the USS Cole bombing case.

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category