the ADMINISTRATOR
Posts: 1144
(6/29/06 11:15) Reply
It's Official: the POTUS is a War Criminal
Supreme Court Blocks Bush, Gitmo War Trials
Jun 29 11:19 AM US/Eastern
By GINA HOLLAND
Associated Press Writer
WASHINGTON
The Supreme Courtruled Thursday that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees.
The ruling, a strong 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.
The case focused on Salim Ahmed Hamdan, a Yemeni who worked as a bodyguard and driver for Osama bin Laden. Hamdan, 36, has spent four years in the U.S. prison in Cuba. He faces a single count of conspiring against U.S. citizens from 1996 to November 2001.
The ruling raises major questions about the legal status of about 450 men still being held at Guantanamo and exactly how, when and where the administration might pursue the charges against them.
It also seems likely to further fuel international criticism of the administration, including by many U.S. allies, for its handling of the terror war detainees at Guantanamo in Cuba, Abu Ghraib in Iraq and elsewhere.
Two years ago, the court rejected Bush's claim that he had authority to seize and detain terrorism suspects and indefinitely deny them access to courts or lawyers. In this follow-up case, the justices focused solely on the issue of trials for some of the men.
The vote was split 5-3, with moderate Justice Anthony M. Kennedy joining the court's liberal members in most of the ruling against the Bush administration. Chief Justice John Roberts, named to the lead the court last September by Bush, was sidelined in the case because as an appeals court judge he had backed the government over Hamdan.
Thursday's ruling overturned that decision.
The administration had hinted in recent weeks that it was prepared for the court to set back its plans for trying Guantanamo detainees.
The president also has told reporters, "I'd like to close Guantanamo." But he added, "I also recognize that we're holding some people that are darn dangerous."
The court's ruling says nothing about whether the prison should be shut down, dealing only with plans to put detainees on trial.
"Trial by military commission raises separation-of-powers concerns of the highest order," Kennedy wrote in his separate opinion. "Concentration of power (in the executive branch) puts personal liberty in peril of arbitrary action by officials, an incursion the Constitution's three-part system is designed to avoid."
The prison at Guantanamo Bay, erected in the months after the Sept. 11, 2001, terror attacks on the United States, has been a flash point for international criticism. Hundreds of people suspected of ties to al-Qaida and the Taliban _ including some teenagers _ have been swept up by the U.S. military and secretly shipped there since 2002.
Three detainees committed suicide there this month, using sheets and clothing to hang themselves. The deaths brought new scrutiny and criticism of the prison, along with fresh calls for its closing.
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."
The court's willingness, Thomas wrote in the dissent, "to second-guess the determination of the political branches that these conspirators must be brought to justice is both unprecedented and dangerous."
Justices Antonin Scalia and Samuel Alito also filed dissents.
In his own separate opinion, Justice Stephen Breyer said, "Congress has not issued the executive a 'blank check.'"
"Indeed, Congress has denied the president the legislative authority to create military commissions of the kind at issue here. Nothing prevents the president from returning to Congress to seek the authority he believes necessary," Breyer wrote.
The court's ruling was a resounding loss for the Bush administration. Justices also rejected the administration's claim that the case should be thrown out on grounds that a new law stripped their authority to consider it.
"It's certainly a nail in the coffin for the idea that the president can set up these trials," said Barbara Olshansky, legal director of the Center for Constitutional Rights, which represents about 300 Guantanamo detainees.
Hamdan claims the military commissions established by the Pentagon on Bush's orders are flawed because they violate basic military justice protections.
Hamdan says he is innocent and worked as a driver for bin Laden in Afghanistan only to eke out a living for his family.
The case is Hamdan v. Rumsfeld, 05-184.
Copyright 2006 The Associated Press. All rights reserved.
the ADMINISTRATOR
Posts: 1145
(6/29/06 11:22) Reply
It's Official: the POTUS is a War Criminal
U.S. Supreme Court quashes 'illegal' Guantanamo trials
Last Updated Thu, 29 Jun 2006 12:30:20 EDT
CBC News
Military trials arranged by the Bush administration for detainees at Guantanamo Bay are illegal, the United States Supreme Court ruled Thursday.
The justices also rejected the government's argument that the Geneva Conventions regarding prisoners of war do not apply to those held at Guantanamo Bay.
Writing for the 5-3 majority, Justice Stephen Breyer said the White House had overstepped its powers under the U.S. Constitution. "Congress has not issued the executive a blank cheque," Breyer wrote.
President George W. Bush said he takes the ruling very seriously and would find a way to both respect the court's findings and protect the American people.
"I haven't had a chance to fully consider this but we will work with Congress to find a way forward," Bush said during a news conference in Washington with visiting Japanese Prime Minister Junichiro Koizumi.
The Supreme Court case was brought by lawyers representing one of 10 detainees scheduled for trial. Salim Ahmed Hamdan has acknowledged having been Osama bin Laden's driver and bodyguard, but denies taking part in attacks against the United States. Hamdan is charged with a single count of conspiring to harm U.S. citizens.
Ruling reverses decision
The ruling reverses a decision by a lower court that said the trials could go ahead.
Military commissions were last used by the U.S. to try Japanese suspects after the Second World War.
The Bush administration had argued that neither military courts martial nor U.S. civilian courts were appropriate for trying the Guantanamo detainees because much of the evidence would involve sensitive issues of national security.
The commissions comprised five senior military officers, and most sessions were scheduled to be held in private. A limited amount of media coverage was allowed. Defendants were represented by both military and civilian lawyers.
Hamdan's military lawyer, Lt.-Cmdr. Charles Swift, hailed the ruling as "a return to our fundamental American values and a high-water mark in legal history."
Human-rights groups have said the military commissions were overly secretive and little better than kangaroo courts.
Canadian affected
Among the 10 affected by the ruling is 19-year-old Omar Khadr, a Canadian who is scheduled to face a military commission in the fall.
[note: Khadr was fifteen [15] years old when first kidnapped by the Bush administration and has grown up in illegal detention in Cuba]
Speaking in recent weeks, Bush has said he would like to close down the Guantanamo Bay detention facility, sending some detainees for trial in their home countries and releasing those found innocent.
Many U.S. allies, including Britain, have called for the prison to be closed. However, speaking before the decision was handed down, the prison's commander said he doubted that would happen.
"The impact [of a court decision against the tribunals] would be negligible," Rear Admiral Harry Harris told Reuters.
There are an estimated 450 foreign detainees being held at the Guantanamo Bay facility.
the ADMINISTRATOR
Posts: 1146
(6/29/06 17:56) Reply
Why Isn't the Bush Administration et al Behind Bars?
Supreme Court Blocks Bush, Gitmo War Trials
Jun 29, 2:04 PM (ET)
By GINA HOLLAND
WASHINGTON (AP) - The Supreme Court ruled Thursday that President Bush overstepped his authority in ordering military war crimes trials for Guantanamo Bay detainees, saying in a strong rebuke that the trials were illegal under U.S. and international law.
Bush said there might still be a way to work with Congress to sanction military tribunals for detainees and the American people should know the ruling "won't cause killers to be put out on the street."
The court declared 5-3 that the trials for 10 foreign terror suspects violate U.S. military law and the Geneva conventions.
The ruling raises major questions about the legal status of the approximately 450 men still being held at the U.S. military prison in Cuba and exactly how, when and where the administration might pursue the charges against them.
It also seems likely to further fuel international criticism of the administration, including by many U.S. allies, for its handling of the terror war detainees at Guantanamo in Cuba, Abu Ghraib in Iraq and elsewhere.
White House counselor Dan Bartlett said the administration's task now is mostly technical - trying to determine how to design military tribunals that would pass muster under the decision. Republican senators said they would cooperate.
Justice John Paul Stevens, writing for the court, said the Bush administration lacked the authority to take the "extraordinary measure" of scheduling special military trials for inmates, in which defendants have fewer legal protections than in civilian U.S. courts.
The decision blocked a trial for Salim Ahmed Hamdan, a Yemeni who worked as a bodyguard and driver for Osama bin Laden. Hamdan, 36, has spent four years in the U.S. prison in Cuba. He faces a single count of conspiring to commit terrorism against U.S. citizens from 1996 to November 2001.
It was a broad defeat for the government, which two years ago suffered a similar loss when the high court held the president lacked authority to seize and detain terrorism suspects and indefinitely deny them access to courts or lawyers.
Thursday's vote was split 5-3, with moderate Justice Anthony M. Kennedy joining the court's liberal members in most of the ruling against the administration. Chief Justice John Roberts, named to the lead the court last September by Bush, was sidelined in the case because as an appeals court judge he had backed the government over Hamdan.
Thursday's ruling, the final one of the court's term, overturned that decision. Justices began a three-month break after releasing the ruling. Six different justices wrote 176 pages.
The administration had hinted in recent weeks that it was prepared for the court to set back its plans for trying Guantanamo detainees.
The president also has told reporters, "I'd like to close Guantanamo." But he added, "I also recognize that we're holding some people that are darn dangerous."
The court's ruling says nothing about whether the prison should be shut down, dealing only with plans to put detainees on trial.
"Trial by military commission raises separation-of-powers concerns of the highest order," Kennedy wrote in his opinion. "Concentration of power (in the executive branch) puts personal liberty in peril of arbitrary action by officials, an incursion the Constitution's three-part system is designed to avoid."
The prison at Guantanamo Bay, erected in the months after the Sept. 11, 2001, terror attacks on the United States, has been a flash point for international criticism. Hundreds of people suspected of ties to al-Qaida and the Taliban - including some teenagers - had been swept up by the U.S. military and secretly shipped there since 2002.
the ADMINISTRATOR
Posts: 1198
(8/17/06 18:43) Reply
AGAIN:It's Official: POTUS is a War Criminal
DETROIT (AP) - A federal judge ruled Thursday that the government's warrantless surveillance program is unconstitutional and ordered an immediate end to it.
[George Bush's orders have been found to be illegal and unconstitutional by the Supreme Court of the United States and now a federal judge, why is the President of the United States not in prison?]
U.S. District Judge Anna Diggs Taylor in Detroit became the first judge to strike down the National Security Agency's program, which she says violates the rights to free speech and privacy, as well as the separation of powers enshrined in the Constitution.
"Plaintiffs have prevailed, and the public interest is clear, in this matter. It is the upholding of our Constitution," Taylor wrote in her 43-page opinion.
The Justice Department said it is appealing the ruling.
[Republicans are appealing the Constitution of the United States of America and the Bill of Rights]
"We're going to do everything we can do in the courts to allow this program to continue," Attorney General Alberto Gonzales said at a news conference in Washington.
Gonzales maintained that the program is legal and useful.
""We've had numerous statements by leaders of the intelligence community about the effectiveness of the program in protecting America," he said.
White House press secretary Tony Snow said the Bush administration "couldn't disagree more with this ruling."
[The Republicam Bush administration does not "agree" with the Bill of Rights and the Constitution]
The government argued that the program is well within the president's authority, but said proving that would require revealing state secrets.
The ACLU said the state-secrets argument was irrelevant because the Bush administration already had publicly revealed enough information about the program for Taylor to rule.
"At its core, today's ruling addresses the abuse of presidential power and reaffirms the system of checks and balances that's necessary to our democracy," ACLU executive director Anthony Romero told reporters after the ruling.
He called the opinion "another nail in the coffin in the Bush administration's legal strategy in the war on terror."
While siding with the ACLU on the surveillance issue, Taylor dismissed a separate claim by the group over NSA data-mining of phone records. She said that not enough had been publicly revealed about that program to support the claim and that further litigation would jeopardize state secrets.
The lawsuit alleged that the NSA "uses artificial intelligence aids to search for keywords and analyze patterns in millions of communications at any given time."
Lawsuits have been filed over data-mining against phone companies, accusing them of improperly turning over records to the NSA.
However, the data-mining was only a small part of the Detroit suit, said Ann Beeson, the ACLU's associate legal director and the lead attorney on the case.
Beeson predicted the government would appeal the wiretapping ruling and request that the order to halt the program be postponed while the case makes its way through the system. She said the ACLU had not yet decided whether it would oppose such a postponement.
the ADMINISTRATOR
Posts: 1257
(11/10/06 13:36) Reply
... and so is Rumsfeld.
Posted Friday, Nov. 10, 2006
Just days after his resignation, Defense Secretary Donald Rumsfeld is about to face more repercussions for his involvement in the illegal wars in Iraq and Afghanistan.
New legal documents, to be filed next week with Germany's top prosecutor, will seek a criminal investigation and prosecution of Rumsfeld, along with Attorney General Alberto Gonzales, former CIA director George Tenet and other senior U.S. civilian and military officers, for their roles in abuses committed at Iraq's Abu Ghraib prison and at the U.S. detention facility at Guantanamo Bay, Cuba.
Along with Rumsfeld, Gonzales and Tenet, the other defendants in the case are Undersecretary of Defense for Intelligence Stephen Cambone; former assistant attorney general Jay Bybee; former deputy assisant attorney general John Yoo; General Counsel for the Department of Defense William James Haynes II; and David S. Addington, Vice President Dick Cheney's chief of staff. Senior military officers named in the filing are General Ricardo Sanchez, the former top Army official in Iraq; Gen. Geoffrey Miller, the former commander of Guantanamo; senior Iraq commander, Major General Walter Wojdakowski; and Col. Thomas Pappas, the one-time head of military intelligence at Abu Ghraib.
.........................................................................................
Up NEXT?
Impeach the President of the United States and put him behind bars where he belongs.
the ADMINISTRATOR
Posts: 1270
(12/27/06 12:20) Reply
Re: ... and so is Baker.Baker sought to cover-up illegal trade with Saddam's Iraq, Israeli charges
Former Secretary of State James Baker was involved in a cover-up of illegal trading by his law firm with the regime of Iraqi dictator Saddam Hussein,.
Mr. Baker used non-Americans to help acquire funds from Iraq in violation of the United Nations embargo and U.S. law, the former contractor said.
Nir Gouaz, an Israeli security veteran, said that in 1999 Mr. Baker's leading deputy at the law firm of Baker Botts ordered him to destroy all documents that detailed how he obtained from Iraq more than $250 million for a client.
Mr. Baker, appointed by President Bush in 2003 as his envoy to recover debts from Iraq, has also co-chaired the Iraq Study Group, which on Dec. 6 issued 79 recommendations on U.S. policy in Iraq.
the ADMINISTRATOR
Posts: 1275
(5/10/07 12:54) Reply
It's Official: the POTUS is a War Criminal...... and the USofA harbours terrorists!!!
U.S. judge tosses charges against Cuban in bombing
May 10, 2007 04:30 AM
washington bureau
WASHINGTON–
Luis Posada Carriles is a terrorist freely walking the streets of America.
In Miami's Little Havana, Posada is a freedom fighter, a hero coming home.
Posada, accused of masterminding the explosion and crash of a Cuban jet, is a potent symbol of the Bush administration's hypocrisy,
a terrorist being harboured under the U.S. president's nose
putting the lie to his longstanding vow to hit back at those who harbour terrorists anywhere in the world.
Posada, the 79-year-old militant and CIA-trained explosives expert, had been scheduled to face a trial on immigration-fraud charges tomorrow. But he is a free man after a Texas judge tossed out the charges against him on Tuesday.
Texas Judge Kathleen Cardone – who was appointed by President George W. Bush in 2003 – granted Posada his freedom after ruling the case before her was limited to alleged immigration violations, not terrorism.
But beyond that courtroom this is much more than an immigration case.
Posada was jailed in Venezuela in 1976 as the architect of the downing of a Cubana airlines jet off Barbados, killing all SEVENTY-THREE people aboard in the first act of midair airline terrorism in this hemisphere.
He escaped in 1985 and was later sentenced to eight years in jail in Panama for a plot in 2000 to assassinate Castro, but was pardoned four years later.
American authorities also took the unusual step of co-operating with Cuban investigators probing Posada's role in a 1997 Havana hotel bombing which killed an Italian tourist.
Venezuela and Cuba have both asked that he be returned to face charges.
The Bush administration has consistently said `no,' and has steadfastly refused to brand Posada a terrorist, a designation that would have allowed Washington to hold him indefinitely.
It wasn't clear that federal authorities were even prepared to arrest Posada until he started granting interviews to the Miami Herald in 2005, basically mocking authorities for letting him wander free.
Nor can the Bush administration find anyone who will take the Cuban-born exile – Canada is one of a number of countries that refused to take Bush's problem off his hands.
Washington's actions on Posada are identical to another country picking up Osama bin Laden and then holding him because he entered the country without a proper visa.
"The word `hypocritical' does not begin to describe the Bush administration here.
There is no word to describe it,''*** says Julia Sweig, the director of Latin American studies at the non-partisan Council on Foreign Relations.
[*** the word is CRIMINAL]
"The United States is harbouring a terrorist.
There are reams and reams of documents pointing in that direction.
"He blew up a plane. What more do you need?
It is a very stark and clear case and I see no need to mince words.''
U.S. documents – declassified CIA and FBI reports – reveal that Posada attended meetings where the bombing of the Cubana flight was discussed.
The Bush administration has dealt cautiously with Posada because he could provide information of American complicity in the plots to overthrow Castro.
Then there is the aging but still politically valuable Cuban exile community in south Florida, an important swing state in U.S. elections.
The U.S. justice department is mulling an appeal of the judge's decision to throw out the immigration fraud charges.
Posada had always maintained he crossed the Mexican border into the U.S. in 2005 with the help of a migrant smuggler, then took a bus to Miami.
U.S. authorities were prepared to argue he had been brought into the country aboard a shrimping vessel manned by Cuban exiles.
Copyright Toronto Star online since 1996
Edited by: XSha Tell at: 5/10/07 12:58
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