July 16, 2005

Appeals ruling approves tribunal

Geneva Conventions protections for prisoners of war do not apply to members of the al Qaeda terrorist network, a federal appeals court panel ruled yesterday, giving the Bush administration the green light for a military trial of Osama bin Laden's personal chauffeur.
    
In a major victory for President Bush,[and for America, I might add!--Jen]
the three-judge panel of the U.S. Circuit Court of Appeals for the D.C. Circuit said a joint resolution passed by Congress in the wake of the September 11 attacks authorized the president to use military commissions to try enemy combatants, including Yemeni national Salim Ahmed Hamdan.
[That same joint resolution also gave the President general war powers, whether the Dhimmicrats want to admit it or not.--J.T.]
[...]
The appeals court ruling noted that even if the Geneva Conventions could be enforced, they would not assist Hamdan because he did not fit the definition of a "prisoner of war." The panel said Hamdan was not a member of an organization that conducted its operations "in accordance with the laws and customs of war," noting the Geneva Conventions did not apply to al Qaeda and its members.
[...]
 "Under the Constitution, the president has a degree of independent authority to act in foreign affairs," Judge Randolph said. "For this reason, and others, his construction and application of treaty provisions is entitled to great weight."
    
Hamdan's attorneys asked the Supreme Court directly last year to rule immediately on the case's merits, saying the government improperly expanded its executive branch authority. Justice Department attorneys argued that Mr. Bush "properly determined" that the Geneva Conventions did not apply to al Qaeda terrorists, that his power to convene military commissions was "inherent in his authority as commander in chief" and that it had been memorialized by Congress.

Oh, yeah!
Those Gitmo goons need to find out, like this Islamonutter did, that they can't "work" the legal system to get out of their murdering jihad!
And finally, some truly wise judges whose decision doesn't make me retch.
God bless them.
We happens at Gitmo should stay at Gitmo. Period.
(Can't wait to get my Rush Club Gitmo t-shirt that says exactly that, either--ordered it last night!)