Federal judge issues split decision on new Military Commissions Act

[aggiesal]

By David G. Savage
Los Angeles Times

WASHINGTON — In the first legal decision on a federal law that denies access to U.S. courts to detainees
in the war on terrorism, a federal judge ruled Wednesday that foreign prisoners held at Guantánamo Bay, Cuba,
could not sue for freedom.

But, in a split decision, U.S. District Judge James Robertson also ruled that the law's denial of that right
to the more than 12 million legal immigrants living in the United States was unconstitutional.

The first part of the ruling affirmed what Congress intended when it passed the Military Commissions Act
in October. The decision came in the case of Salim Hamdan, the onetime driver to Osama bin Laden, who won
what appeared to be a landmark victory in the Supreme Court in June.

http://seattletimes.nwsource.com/html/nationworld/2003476629_detainees14.html

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Once again, this administration breaks the law.
The SCOTUS calls them on it.
This administration gets the do-nothing Congress to change the law.
Everything is OK!
Just the way they planned it.

[pinto]

1. This is why the Bush Administration used Guantánamo in the first place, imo. Technically,

not American territory. And it remains a sleazy end run around habeas corpus.

************** from the article:

"Hamdan was captured in Afghanistan, and Guantánamo Bay is, technically, sovereign territory of Cuba, Robertson noted.

However, the Constitution protects the right of habeas corpus for people living in the United States, the judge said."

[aggiesal]

2. In the Hamdan case, when the SCOTUS first heard it, ...

they ruled that this administration can not keep prisoners with suspended habeas corpus without
consent from congress.

So the administration gets the do-nothing Congress to pass the Military Commissions Act.
At this point, it satisfies the SCOTUS condition that they now have the consent of congress.