The Hamden decision – The legal ramifications are still being considered and
Memeorandum is the best place to sort out all the chatter. Near as I can tell, the decision means that 1.) the U.S. does not have to release Guantanamo prisoners anytime soon and 2.) they have to be tried in a criminal court and not a military tribunal. As a minimum, it’s interesting that
Clarence Thomas read his dissenting opinion from the bench for the first time in his 15 years on the Court. More tomorrow.
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2.) they have to be tried in a criminal court and not a military tribunal
No, they have to be tried by whatever court Congress decides, Congress can say that the tribunals can be used with certain protections for the defendant added, they can say a civilian criminal court, they can say a military court or they can set up a new court. Hamdan did not contest the use of a military court just that the tribunal didn't fit Article 3 of the Geneva Conventions in that it was not "regulary constituted" and that it didn't afford him certain protections.
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