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June 12, 2008

Guantanamo Detainees Next Supreme Court Case


One of the same attorneys who has filed motions for his detainee, Osama bin Laden's former driver Salim Hamdan, now will claim that his client has been denied his Sixth Amendment right to a speedy trial.

Hamdan is the one that went to the Supreme Court resulting in a decision that led to the president and Congress drafting the Military Commissions Act of 2006 to comply, which decision of its own today’s Supreme Court contradicted.

The sad irony is that speedy trials have not occurred for the detainees because of the motion wrangling by detainee lawyers and their allies.

The Sixth Amendment offense, by prior Supreme Court ruling, is mitigated by time consumed in motions. However, with the Supremes’ 5-4 majority two-faced decision today, one is properly cautious of they holding to their own precedents.

Meanwhile, there are about 10,000 JAG lawyers in to our military, many liberal products of liberal law schools, now attached down to the company level, second-guessing or preventing military decisions. Their influence on the effectiveness of our forces may further increase, now that enemy combatants are deemed to have US citizens’ constitutional rights.

I don’t believe that our men and women will simply dispatch to Allah those now captured. They aren’t the murderers painted by our internal critics. I do believe, however, that a fragging incident may happen at some point, and a JAG lawyer may get to count virgins not of the battlefield or law book.

Hugh Hewitt adds (as fish stink from the head):

What is more alarming than the prospect of ignorance on the part of the majority is their collective seduction by hard left elites, particularly those in the Academy. Supreme Court justices don’t get out much. When they do it is typically to the nation’s law schools and to judicial and ABA conferences, where they are no doubt surrounded by thousands of elites who have as much experience with the war as the justices, but are perhaps even less well read on the nature of the jihadists’ ideology and tactics.

Bruce Kesler | Jun. 12, 2008 | 8:52 PM