Judge Upholds Detainee Rights Terror Law

Posted on December 14, 2006

A federal judge upheld the Bush administration’s new terrorism law Wednesday, agreeing that Guantanamo Bay detainees do not have the right to challenge their imprisonment in U.S. courts.

The ruling by U.S. District Judge James Robertson is the first to address the new Military Commissions Act and is a legal victory for the Bush administration at a time when it has been fending off criticism of the law from Democrats and libertarians.

Robertson rejected a legal challenge by Salim Ahmed Hamdan, a former driver for Osama bin Laden whose case prompted the Supreme Court to strike down the Bush administration’s policy on detainees last year.

Following Hamdan’s victory, Bush asked for and got a new law that established military commissions to try enemy combatants and stripped them of the right to seek their freedom in U.S. courts.

Hamdan’s case was sent back before Robertson, a nominee of President Clinton who was a prominent civil rights advocate in private practice.

Though Robertson originally sided with Hamdan, he said that he no longer had jurisdiction to hear Hamdan’s case because Congress clearly intended to keep such disputes out of federal courts. He said foreigners being held in overseas military prisons do not have the right to challenge their detention, a right people inside the country normally enjoy.

In a hurry this morning but Captain Ed speaks well on the topic and mirrors my thoughts.

Robertson has given the first verdict on Congress’ solution, but it won’t be the last word. Hamdan and his allies will once again challenge the ruling all the way back to the Supreme Court, which will have a different composition than in its last look at Osama bin Laden’s driver. John Roberts recused himself from the last case because of his involvement as an appelate jurist in the original case. That no longer applies, as this is an entirely different challenge. Not only that, but the Court will have to rely on its earlier ruling, which told Bush to get the authority from Congress — and he did.

However, the White House had better hope it gets to the Supreme Court soon. Patrick Leahy has already indicated that he wants to modify the MCA, apparently to restore habeas corpus to Hamdan and other Guantanamo detainees. Robertson questioned Congress’ solution in his opinion as well, but made clear that Hamdan has no right to habeas corpus in the terms of the law or the Constitution. Leahy might try to explicitly grant habeas corpus in legislation, but the rest of the Democrats won’t be stupid enough to follow suit. No one will elect them in 2008 if they spend the next two years granting rights to captured terrorists. Leahy can do plenty to muddy the waters enough for more trouble at the Supreme Court, though, if he succeeds in modifying the MCA.

Uncle Jimbo:

The people who believe that non-citizens who are actively engaged in trying to kill us and destroy or dhimmify our civilization will bemoan another act in defiance of our Constitution; you know they will. That is an extraordinarily silly argument in this case where all three branches of government are in complete agreement.

Indeed it is a victory, but don’t think for a minute that it won’t be challenged all the way to the Supreme Court.

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2 Responses to “Judge Upholds Detainee Rights Terror Law”

kerwin_brown on December 15th, 2006 7:34 am

I am glad a Judge was able to figure out that when the U.S. Constitution stated that Congress has the power to regulate judicial jurisdiction,it meant just that. Sometimes judges do not seem to understand simple English.
Sergeant S.W. Foster on March 20th, 2007 12:50 am

Finally a decent judge.
Thanks, I didn’t hear about this on the news.

Sergeant S.W. Foster
US Army
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