The Supreme Court handed Bush a stinging defeat today in his assertion that he has the authority to hold detainees indefinitely and that he has the authority to try them in military court.
In a 5-3 decisions (5-3 because Chief Justice Roberts recused himself), the court found that Bush had no authority to carry out his plan under the Uniform Code of Military Justice, domestic law, and the Geneva Convention.
While I agree with the court that authority for the presidents plan is lacking, my bigger issue is with the lack of trials themselves. Whether it be in military court or in a civilian court, the detainees deserve a day in court. If they are guilty, then try them and convict them. If they are innocent, then try them and acquit them. Holding "enemies of the state" indefinitely without trial is the job of North Korea and China, not a democracy.
Bush is claiming that he will look into going to Congress to seek legislative approval for military tribunals. My guess is that he will ignore the Supreme Court all together since he has already ignored any laws that is not of his liking.
Supreme Court Rejects Guantanamo War Crimes Trials
Bush vows to pursue detainee war trials
Update:
A Governing Philosophy Rebuffed
High Court Rejects Detainee Tribunals
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