Congressional rubber stamp of military commissions in doubt.
Congressional rubber stamp of military commissions in doubt.
Sen. John Warner (R-VA) “said Friday that he was not sure that Congress should pass legislation to create new military tribunals for terror suspects, a stance that raised doubts about prospects for a White House plan to establish an alternative to the commissions struck down this week by the Supreme Court,” the New York Times reports.
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Legal Expert: Congress Can’t Rubber Stamp Military Commissions Without Endangering U.S. Troops
Legal Expert: Congress Can’t Rubber Stamp Military Commissions Without Endangering U.S. Troops
Shortly after the Supreme Court issued its decision in the Hamdan case, Sen. Lindsey Graham (R-SC) went on television and said that all Congress needed to do was provide its “blessing” to Bush’s procedures. Many others, especially critics of the decision, have echoed Graham’s position.
Today, Georgetown Law Professor Carlos Vazquez explained that things aren’t as simple as Graham and others would have you believe.
Vazquez said that Congress could pass a law authorizing the procedures ruled illegal by the court. But according to the court’s decision, doing so would abrogate Common Article 3 of Geneva Conventions. This would have serious consequences because the Geneva Conventions provide essential protections to U.S. troops abroad. Watch it:
Vazquez also noted that — contrary to some interpretations circulating in the blogosphere — the court did not find the Geneva Conventions were only relevant because they were incorporated into the Uniform Code of Military Justice. Even if you amend that law, Gevena still applies.
You can find a summary of Vazquez remarks on the Georgetown Law blog.
Jane Mayer in The New Yorker:
Jane Mayer in The New Yorker:
“On December 18th, Colin Powell, the former Secretary of State, joined other prominent Washington figures at FedEx Field, the Redskins’ stadium, in a skybox belonging to the team’s owner.” The group began discussing news reports about the NSA’s warrantless surveillance of Americans. “According to someone who knows Powell, his comment about the article was terse. ‘It’s Addington,’ he said,” referring to Cheney Chief of Staff David Addington. “He doesn’t care about the Constitution.“
‘The Hero of Guantanamo’ Speaks
‘The Hero of Guantanamo’ Speaks
The right wing has wasted no time attacking the Supreme Court and those who supported its ruling on Guantanamo yesterday. Rush Limbaugh’s website ran the headline, “Liberals Celebrate Supreme Court Victory for Terrorists.”
Attacking the patriotism of those who support the decision is ironic. The majority opinion in the case was written by Justice John Paul Stevens, “winner of a Bronze Star for his service as a Navy officer in World War II.” And Hamdan was represented by Charles Swift, a Navy lieutenant commander, who Washington Post defense analyst Bill Arkin today describes as “The Hero of Guantanamo.”
Here is a man in uniform who could have done a perfunctory job, who could have seen Hamdan as an assignment, or as an evil and not a human being; who could have saluted and followed orders; who risked promotion and now faces certain retirement without it. He is the hero of Guantanamo.
Swift was interviewed last night by Greta Van Susteren. Watch it:
Full transcript below: More »
MSNBC regular advocates murder of newspaper editors.
MSNBC regular advocates murder of newspaper editors.
Talk show host Melanie Morgan tells Gregg Sargent, “the best solution that I can think of to deal with any newspaper editor…who is responsible for leaking national security classified information, is to be locked in a steel cage with the family members of slain troop members who would happily deliver the ultimate punishment of death. And then sent to the hottest corner of hell.” Watch some video of Morgan on MSNBC here.
Bush Backs Away From Comprehensive Immigration Reform
Bush Backs Away From Comprehensive Immigration Reform
Last month during a primetime television address, President Bush called for comprehensive immigration reform. He said legislation must address “all elements†of the immigration issue:
Tonight, I want to speak directly to members of the House and the Senate: An immigration reform bill needs to be comprehensive, because all elements of this problem must be addressed together, or none of them will be solved at all.
Both the House and Senate passed immigration legislation, but only the Senate bill contained a path toward citizenship for undocumented workers. The differences between the House and Senate bills need to be worked out in conference, but conservative hard-liners have successfully deadlocked talks for several weeks. Now, it looks as if Bush may placate enforcement-only advocates and back off his support for comprehensive reform:
[I]n recent days, senators and the White House have dropped hints that they are willing to move closer to the House’s position – perhaps by agreeing to a two-phase plan that would begin with construction of triple-layer walls, deployment of surveillance aircraft and other means of tightening the border with Mexico. When those measures are fully funded and operational – a process that could take as much as two years – debate on some version of the Senate’s broader proposals would begin. […]
Also this week, Rep. Mike Pence (R-Ind.) met with Bush and Vice President Cheney to discuss his proposal for a guest worker program that would roll out only after the government certifies that the border is secure. “The president listened intently,” Pence told reporters. “He told me that he was intrigued with my proposal.”
Even on an issue for which he has strong, bipartisan support, Bush may yet again bow to pressure from his right wing base.
15 years.
15 years.
The sentence handed out to three Louisianans convicted of looting liquor from a grocery store six days after Hurricane Katrina. Meanwhile, two men convicted this week of bribing a federal official to falsify Katrina contracting documents received one year in prison and a $5,000 fine.
University library cancels New York Times
University library cancels New York Times
subscription in protest of their reporting on a government program that monitors bank transactions. The decision “outraged library staff [at the University of the Incarnate Word], who complained the dean was censoring information based on personal beliefs.” The Agonist has more.
Murtha Misquote: O’Reilly and Hume Correct the Record, Scarborough and Carlson Stay Silent
Murtha Misquote: O’Reilly and Hume Correct the Record, Scarborough and Carlson Stay Silent
Last Sunday, the South Florida Sun-Sentinel reported that Rep. John Murtha said he believed the “American presence in Iraq is more dangerous to world peace than nuclear threats from North Korea or Iran.” The report was quickly seized on by conservative media — including Brit Hume, Bill O’Reilly, Joe Scarborough and Tucker Carlson — to attack Murtha.
The story was false. Murtha was citing an international public opinion poll, not expressing his own views. On Wednesday, the Sun-Sentinel issued a correction. We urged ThinkProgress readers to contact the television outlets that pushed the innaccurate story and correct the record for their viewers.
Over the last two days O’Reilly and Hume have done so. Watch it:
According to a database search, MSNBC’s Joe Scarborough and Tucker Carlson (who said Murtha was “in the thrall†of anti-American activists) haven’t bothered to inform their viewers that their attacks were based on a statement Murtha never made.
Email Joe Scarborough and Tucker Carlson — joe@msnbc.com, Tucker@msnbc.com — and tell them to do the right thing.
ThinkFast AM: June 30, 2006
ThinkFast AM: June 30, 2006
The Senate “agreed yesterday to schedule a vote on a package of bills that would loosen President Bush’s five-year-old restrictions on human embryonic stem cell research.”
In a “swipe at the media aimed primarily at The New York Times,” the House voted yesterday to condemn media organizations that had disclosed the Bush administration’s program tracking financial records.
President Bush has nominated Peter D. Keisler for a seat on the U.S. Court of Appeals for the D.C. Circuit. Keisler is currently a senior Justice Department official and defended the administration’s policy of military tribunals, which was overturned yesterday by the Supreme Court.
Former counterterrorism czar Richard Clarke says the administration wants the “public to believe that it had not already occurred to every terrorist on the planet that his telephone was probably monitored and his international bank transfers subject to scrutiny.†“How gullible does the administration take the American citizenry to be?†Clarke wonders.
“Prospects for a swift renewal of the Voting Rights Act faded on Thursday as lawmakers called for new congressional hearings.” If not renewed, provision of the landmark 1965 civil rights legislation will expire at the end of 2007. More »
Thomas attacks Stevens in Hamdan opinion.
Thomas attacks Stevens in Hamdan opinion.
Justice Clarence Thomas refers to Justice John Paul Stevens’ “unfamiliarity with the realities of warfare” in his dissenting opinion. ACSBlog notes: “Stevens served in the U.S. Navy from 1942 to 1945, during World War II. Thomas’s official bio, by contrast, contains no experience of military service.”
ThinkFast PM: June 29, 2006
ThinkFast PM: June 29, 2006
“We have never ever seen a case like this,” said Keith Ashdown of Taxpayers for Common Sense: The lobbying firm at the center of the House Appropriations Chairman Jerry Lewis (R-CA)/Duke Cunningham scandal failed to report fully $2 million in lobbying fees.
Web traffic is dropping at AnnCoulter.com, RushLimbaugh.com, and BillOReilly.com, but it’s rising at many progressives sites, including Raw Story, Crooks and Liars, and ThinkProgress.
Atrios vs. New Republic culture critic Lee Siegel, on whether Jon Stewart “is destroying democracy as we know it.”
“In 1999, Arkansas’ child welfare board banned gay people from becoming foster parents, arguing kids would be better off in orphanages. Four residents sued, claiming discrimination. Today, the state Supreme Court agreed.”
An SEC whistleblower “fired for trying to subpoena a politically connected Wall Street executive during an insider trading investigation was muzzled by his former agency during Congressional testimony this week.”
And finally: How to scam the “Nigerian letter” scammers by convincing them you’ll pay $150,000 for their wood carvings.
Rep. Bob Ney’s (R-OH) district aide has been subpoenaed.
Rep. Bob Ney’s (R-OH) district aide has been subpoenaed.
Additionally, three of his top aides are leaving or have already left, “the latest sign that Ney’s legal and ethical troubles stemming from the Jack Abramoff scandal are growing worse with each passing day.”
Lott: Supreme Court Decision Is ‘Ridiculous and Outrageous,’ Has Our Enemies ‘Laughing At Us’
Lott: Supreme Court Decision Is ‘Ridiculous and Outrageous,’ Has Our Enemies ‘Laughing At Us’
Appearing on Fox News this afternoon, Sen. Trent Lott (R-MS) lashed out the Supreme Court, which ruled today that the Bush administration’s military commissions were illegal. Lott said the decision was “ridiculous and outrageous” and likely had our enemies “laughing at us.” Then he admitted he hadn’t read it. Watch it:
Transcript: More »
Snow: ‘I Don’t Think It’s Ever Been the Goal of the Administration to Expand Executive Authority’
Snow: ‘I Don’t Think It’s Ever Been the Goal of the Administration to Expand Executive Authority’
During today’s White House Press briefing, Tony Snow insisted that the administration has not intentionally sought to expand executive power:
QUESTION: Is this [Supreme Court decision] a setback in terms of the broader goal of this administration to expand executive authority?
SNOW: I don’t think it’s ever been the goal of the administration to expand executive authority. In a time of war, the president has tried to act in a way that meets the needs and obligations of a commander in chief against a dispersed and highly unique kind of enemy.
But we don’t have expand executive power sessions. So nobody thinks in terms of, How do we expand executive power?
Nobody except the Vice President of the United States. Here’s Cheney on 12/20/05:
I believe in a strong, robust executive authority. And I think the world we live in demands it…I think you’re right, probably the end of the next administration, you had the nadir of the modern presidency in terms of authority and legitimacy, then a number of limitations that were imposed in the aftermath of Vietnam and Watergate. But I do think that to some extent now, we’ve been able to restore the legitimate authority of the presidency.
From Day 1 of the Bush presidency, Cheney has lead a vigorous campaign to expand executive power, which he described to Bob Woodward. Today’s decision was, in fact, a setback in Cheney’s efforts.
NYT disclosure could help counterterror efforts?
NYT disclosure could help counterterror efforts?
Former 9/11 Commission member Bob Kerrey thinks so, as does Rep. Peter King (R-NY) “to some extent.”
Congressional Authorization of Bush’s Military Commissions Is Not Enough
Congressional Authorization of Bush’s Military Commissions Is Not Enough
Justice Breyer stated in today’s Hamdan opinion, “Nothing prevents the President from returning to Congress to seek the authority he believes necessary.†Reacting to Breyer, Sen. Lindsey Graham (R-SC) said on Fox, “The court is telling us that tribunals would be okay if you have the Congress’ blessing.”
President Bush seems to be quickly embracing the idea.
As I understand, a senator has already been on TV — I haven’t seen it. I haven’t heard what he said, but they briefed me and said he wants to devise law in conformity with the case that would enable us to use a military tribunal to hold these people to account. And if that’s the case, we’ll work with him.
But if Bush truly wants to devise law in conformity with the opinion, the military commissions will need to undergo significant changes. Mere congressional authorization of the military commission that the Bush administration has conceived will not be enough to pass the legal test. Today’s Supreme Court opinion makes clear that a congressionally-authorized military commission would need to comply with Geneva Conventions, particularly Common Article 3. From the opinion:
Common Article 3, then, is applicable here and, as indicated above, requires that Hamdan be tried by a “regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.â€
…
The commentary accompanying a provision of the Fourth Geneva Convention, for example, defines “‘regularly constituted’†tribunals to include “ordinary military courts†and “definitely exclud[e] all special tribunals.
…
Common Article 3 obviously tolerates a great degree of flexibility in trying individuals captured during armed conflict; its requirements are general ones, crafted to accommodate a wide variety of legal systems. But requirements they are nonetheless. The commission that the President has convened to try Hamdan does not meet those requirements.
In other words, Bush’s military commissions need more than a rubber-stamp from Congress.
UPDATE: Glenn Greenwald notes that Congress could decide to abrogate the Geneva Convention or exempt its application with respect to the military commissions. It would be an extraordinary step, but with this Congress, anything is possible.
The US is responsible for 45% of global carbon emissions
The US is responsible for 45% of global carbon emissions
from automobiles even though Americans make up just 5% of the world’s population, according to a new report by Environmental Defense.
Supreme Court Decision on Gitmo Undermines Bush’s Legal Case For Warrantless Wiretapping
Supreme Court Decision on Gitmo Undermines Bush’s Legal Case For Warrantless Wiretapping
The impact of today’s Supreme Court decision on military commissions goes well beyond Guantanamo. The Supreme Court has ruled that the Authorization for the Use of Military Force – issued by Congress in the days after 9/11 – is not a blank check for the administration. From the syllabus:
Neither the AUMF [Authorization for the Use of Military Force] nor the DTA [Detainee Treatment Act] can be read to provide specific, overriding authorization for the commission convened to try Hamdan. Assuming the AUMF activated the President’s war powers, see Hamdi v. Rumsfeld, 542 U. S. 507, and that those powers include authority to convene military commissions in appropriate circumstances, see, e.g., id., at 518, there is nothing in the AUMF’s text or legislative history even hinting that Congress intended to expand or alter the authorization set forth in UCMJ Art. 21.
The point here is that the AUMF does not authorize activity that was not specifically contemplated in the text or legislative history. This is incredibly significant. The administration is relying on the AUMF to justify its warrantless wiretapping program. Here’s Alberto Gonzales on 12/19/05:
Our position is, is that the authorization to use force, which was passed by the Congress in the days following September 11th, constitutes that other authorization, that other statute by Congress, to engage in this kind of signals intelligence.
The Bush administration doesn’t argue that warrantless wiretapping was something specifically contemplated in the text or by Congress. Rather, the administration argues that it is implied as part of a broad authorization to “use all necessary and appropriate force.”
The Supreme Court has rejected that expansive interpretation. It’s a huge blow to the administration’s legal rationale for warrantless wiretapping.
BREAKING: Supreme Court Rules Bush Overstepped His Authority At Guantanamo
BREAKING: Supreme Court Rules Bush Overstepped His Authority At Guantanamo
In a 5-3 decision (Chief Justice Roberts abstaining), the Supreme Court ruled that President Bush did not have authority to set up military tribunals at Guantanamo Bay, Cuba, finding the “military commissions” illegal under both military justice law and the Geneva Convention. The opinion of the Court, written by Justice John Paul Stevens, declares that “the Executive is bound to comply with the Rule of Law that prevails in this jurisdiction.”
UPDATE I: The AP has more: “The ruling, a rebuke to the administration and its aggressive anti-terror policies, was written by Justice John Paul Stevens, who said the proposed trials were illegal under U.S. law and international Geneva conventions.”
UPDATE II: SCOTUSBlog has the voting breakdown: “The main opinion [was] written by Justice John Paul Stevens. That opinion was supported in full by Justices Stephen G. Breyer, Ruth Bader Ginsburg and David H. Souter. Justice Anthony M. Kennedy wrote separately, in an opinion partly joined by Justices Breyer, Ginsburg and Souter…Justices Samuel A. Alito, Jr., Antonin Scalia and Clarence Thomas, the dissenters, each wrote an opinion.” Read the opinions (pdf).
UPDATE III: From SCOTUSBlog: “The Court appears to have held that Common Article 3 of Geneva aplies to the conflict against Al Qaeda. That is the HUGE part of today’s ruling. The commissions are the least of it. This basically resolves the debate about interrogation techniques, because Common Article 3 provides that detained persons ’shall in all circumstances be treated humanely,’ and that ‘[t]o this end,’ certain specified acts ‘are and shall remain prohibited at any time and in any place whatsoever’—including ‘cruel treatment and torture,’ and ‘outrages upon personal dignity, in particular humiliating and degrading treatment.’ This standard, not limited to the restrictions of the due process clause, is much more restrictive than even the McCain Amendment. … This almost certainly means that the CIA’s interrogation regime is unlawful.”
UPDATE IV: “Justice Clarence Thomas wrote a strongly worded dissent and took the unusual step of reading part of it from the bench something he had never done before in his 15 years. He said the court’s decision would ’sorely hamper the president’s ability to confront and defeat a new and deadly enemy.’” Justice Breyer responded in the opinion that Bush should consult with Congress to receive specific authority, and doing so, would strengthen the nation’s ability to deals with threats: More »
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