[Marxism] democracy Now: Supreme Court Decision on Guantanamo

Mike Friedman mikedf at amnh.org
Tue Jul 4 13:22:30 MDT 2006

Democracy Now! ran an interesting interview with Center for Costitutional
Rights director Barbara Olshansky last Friday on the Supreme Court's
decision to ban Bush's special military courts in Guantanamo and require
that the government apply common Article 3 of the Geneva Convention, which
not only provides for fair trials, but addresses cruel and inhuman
treatment. Olshansky believes that the Supreme Court's decision will have
far-reaching effects on all the administration's prison sites and
imprisonment policies in its' "war on terrorism." That is, if Congress
doesn't simply do what it's done all along and legalize the illegal. It
would be interesting to know *why* a thoroughly reactionary bench would
make such a decision. Does this reflect some of the uneasiness that
sectors of the ruling class feel toward Bush's policies? Did the justices
feel that Bush's extrajudicial treatment of prisoners infringes upon their
own prerogatives as the top of the judicial branch? And what about the
consequences of this decision?


Friday, June 30th, 2006
Guantanamo Attorney: The Supreme Court Ruling on Tribunals Proves “The
Entire Structure of the War on Terror is Unlawful”

In a landmark decision, the Supreme Court has rebuked the Bush
administration for forming military tribunals to try detainees at
Guantanamo Bay. In a 5-3 ruling, the court said the military tribunals
violated both the Uniform Code of Military Justice and the Geneva
Convention. We speak with Barbara Olshansky, an attorney with the Center
for Constitutional Rights which filed two briefs in the Hamdan case, and
has represented scores Guantanamo detainees.

In a major defeat for the Bush administration, the Supreme Court has ruled
against the use of military tribunals to try Guantanamo detainees. The
White House established the tribunals in the months after 9/11 for
detainees captured in the so-called war on terror. The tribunals placed
several restrictions on the suspects, including limited access to the
evidence used against them. In a five to three vote Thursday, the Court
ruled the practice violates US and international law. Chief Justice John
Roberts recused himself from the case. He had previously taken part in a
federal appeals court decision that had rejected a challenge to the
legality of the commissions.


The Supreme Court ruling was hailed by human rights groups, legal experts,
and other former detainees. In a statement

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