The Bush administration has stopped the Supreme Court from giving the Guantánamo detainees their day in court – at least for now. In Boumediene v. Bush and Al Odah v. United States, 45 men challenged the constitutionality of the habeas corpus-stripping provision of the Military Commissions Act that Congress passed last year. On Monday Justices… Read more »
Last week, in Boumediene v. Bush, two judges on a three-judge panel of the D.C. Circuit Court of Appeals upheld the provision of the Military Commissions Act of 2006 that strips the rights of all Guantánamo detainees to have their habeas corpus petitions heard by U.S. federal courts. If that decision is left to stand,… Read more »
The Military Commissions Act of 2006 governing the treatment of detainees is the culmination of relentless fear-mongering by the Bush administration since the September 11 terrorist attacks. Because the bill was adopted with lightning speed, barely anyone noticed that it empowers Bush to declare not just aliens, but also U.S. citizens, “unlawful enemy combatants.” Bush… Read more »
With great fanfare, George W. Bush announced to a group of carefully selected 9/11 families yesterday that he had finally decided to send Khalid Sheikh Mohammed and 13 other alleged terrorists to Guantánamo Bay, where they will be tried in military commissions. After nearly 5 years of interrogating these men, why did Bush choose this… Read more »
They are smart, they are creative, they are committed. They have no regard for life, neither ours nor their own. I believe this was not an act of desperation, but an act of asymmetrical warfare waged against us.Rear Adm. Harry B. Harris Jr., commander of Guantánamo prison camp Three men being held in the United… Read more »
Today the Supreme Court is hearing oral arguments in the most significant case to date on the limits of George W. Bush’s authority in his “war on terror.” In the first two cases it heard, the high court reined in Bush for his unprecedented assertion of executive power. It held in Rasul v. Bush that… Read more »
Legendary labor organizer Clinton Jencks, who led mineworkers in New Mexico in a strike depicted in the classic 1953 movie “Salt of the Earth,” died Dec. 15, 2005 in San Diego of natural causes. He was 87. An international representative of the Amalgamated Bayard District Union of Mine, Mill, and Smelter Workers in New Mexico,… Read more »
Yesterday, the Senate Judiciary Committee began its confirmation hearings on the nomination of Samuel Alito for Associate Justice of the Supreme Court. Alito is no John Roberts. Whereas Roberts had barely been a judge for two years when Bush nominated him for the Supreme Court, Alito has authored 361 opinions during his 15-year tenure on… Read more »
In 1960, California Governor Edmund G. “Pat” Brown agonized about whether to grant clemency to death row inmate Caryl Chessman. Brown’s refusal to commute Chessman’s sentence haunted him for the rest of his life. He reversed 23 death judgments in the last 7 years of his term. Ronald Reagan, who defeated Brown in the 1966… Read more »
Once again, at the 11th hour, the Bush administration has pulled its punches in the case of Jose Padilla. Using an approach that more closely resembles a game of chess than a system of justice, Team Bush has altered its strategy, while seeking to keep all options open. Its fancy footwork, however, may ultimately backfire…. Read more »