Court Told They Lack Power - Bush Moves To Enforce Military Commission Act

[kpete]

Court Told It Lacks Power in Detainee Cases

By Karen DeYoung
Washington Post Staff Writer
Friday, October 20, 2006; Page A18

Moving quickly to implement the bill signed by President Bush this week that authorizes military trials of enemy combatants, the administration has formally notified the U.S. District Court here that it no longer has jurisdiction to consider hundreds of habeas corpus petitions filed by inmates at the Guantanamo Bay prison in Cuba.

In a notice dated Wednesday, the Justice Department listed 196 pending habeas cases, some of which cover groups of detainees. The new Military Commissions Act (MCA), it said, provides that "no court, justice, or judge" can consider those petitions or other actions related to treatment or imprisonment filed by anyone designated as an enemy combatant, now or in the future.

Beyond those already imprisoned at Guantanamo Bay or elsewhere, the law applies to all non-U.S. citizens, including permanent U.S. residents.

The new law already has been challenged as unconstitutional by lawyers representing the petitioners. The issue of detainee rights is likely to reach the Supreme Court for a third time.

more at:
http://www.washingtonpost.com/wp-dyn/content/article/2006/10/19/AR2006101901692.html?nav=rss_nation/special

[mmonk]

1. Tell the king he faces resistance

in his power play.

[marions ghost]

2. whew

depends on what the meaning of "enemy combatant" is...:scared:

Somehow someday we have to get this overturned.

[mmonk]

3. The sooner, the better.

We have to put pressure on congress.

[marions ghost]

7. a "new" congress

might respond. If they don't :grr: It will be a touchstone issue IMO. A test.

[mmonk]

8. I agree

[Zynx]

4. In theory, a federal court can simply invalidate the law.

It wasn't a constitutional ammendment after all.

[Land Shark]

5. Someone said: "America is no longer Free" -- but not going quietly!!

was said here; <http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x2424276>

another relevant kpete moment here in this thread

[kpete]

6. good morning

is the coffee ready?

[ChairmanAgnostic]

9. lil Georgie didn't wike wat da courts was doing, so he took his ball home

Rarely do I deal with constitutional issues in my practice, but even to my unpracticed eye, there is no way that this legislation can pass muster. This is but one in a series of steps which bolster the personal power of the executive at the expense of the Bill of Rights, legal principles dating back to the 1200s and all sense of a balance of power in the 3 branches.

Clearly, the executive is in a major power grab. Worse yet, too many dems and moderate GOP (if they still exist) have voted in favor of this hideous law, while the neoconmen in control of Congress pushed for this incredible law. And worst of all, I no longer trust our judiciary, not after 6 yrs of Bush appointees and worse. (Just why would the a robed Supreme go hunting with the VP before a major decision?)