Court rules "To sanction such presidential authority...disastrous consequences for the constitution

[dajoki]

Court Rebuffs Bush On Enemy Combatants
Rules U.S. Can't Detain U.S. Resident Accused Of Terror Ties Without Charging Him
RICHMOND, Va. , June 11, 2007
http://www.cbsnews.com/stories/2007/06/11/terror/main2913398.shtml

(CBS/AP) The Bush administration cannot legally detain a U.S. resident it deems an al Qaeda sleeper agent without charge and must allow him to be released from military detention, a divided federal appeals court ruled Monday.

The court said sanctioning the indefinite detention of civilians would have "disastrous consequences for the constitution and the country."

In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel also ruled that the federal Military Commissions Act does not strip Qatari national Ali al-Marri of his constitutional rights to challenge his accusers in court. He is the only person being held as an enemy combatant on U.S. soil.

"To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the constitution — and the country," the court said in its opinion.

[Dhalgren]

1. Well, the ball is in the dictator's court. What will the fascist slime

do now?

[WePurrsevere]

2. They'll probably "stay the course" and take it all the way to the SCOTUS.

Or.. he'll ignore it since he honestly thinks he's above the law of the land. x(

[19jet54]

6. Invade Iran...

... for the distraction alone

[Jim__]

3. Unbelievable that 1 judge actually voted for bush on this.

Does anyone know who the three judges were and how they voted? I didn't see that mentioned in the article.

[dajoki]

4. Here...

The two judges in the majority, Diana Gribbon Motz and Roger Gregory, were appointed by Democratic President Bill Clinton. Judge Henry Hudson, who dissented, is a U.S. district judge, appointed by President George W. Bush, serving on the case by special appointment.

[Jim__]

5. Thanks. I hope the majority on the 4th circuit aren't bush appointees. - n/t

[pberq]

7. Good news - Kick

[Bake]

8. Remarkable, since the 4th Cir. is one of the more conservative courts

Bake