Bush Scandals List

85. Detainee court cases (a quick guide)

Abu Ghraib, Guantanamo, Bagram; the Marine massacre of 24 Iraqi civilians at Haditha and its coverup. A few cases:

  • Rasul: On June 28, 2004 SCOTUS in a 6-3 decision ruled that the US court system had jurisdiction over non US nationals held at Guantanamo. Rasul had been released to the UK before the ruling on March 29, 2004.
  • Hamdi: On June 28, 2004 SCOTUS 8-1 ruled that U.S. citizens can not be detained indefinitely as enemy combatants without due process. Hamdi was released to Saudi Arabia on October 9, 2004 on condition that he give up his US citizenship.
  • Hamdan: On June 29, 2006, SCOTUS in a 5-3 decision ruled that Bush’s military tribunals were illegal under the UCMJ and the Geneva Conventions and needed Congressional authorization (which was supplied by the Military Commissions Act or MCA of September 2006)
  • Khadr/Hamdan: On June 4, 2007, a military court dismissed charges against them because their Combat Status Review Tribunals (CSRTs) had designated them enemy combatants. The MCA authorizes trials for "unlawful" enemy combatants only, which they had not been designated. On September 24, 2007 in the Khadr case, a military appeals court found that on hearing more evidence a military judge had the power to determine that an alien enemy combatant was also an "unlawful" one. If upheld, this could clear the way for trials under the MCA.
  • al Marri: On June 11, 2007, the 4th Circuit Court of Appeals ruled 2-1 that a legal US resident (similar to Hamdi) can not be denied due process and held indefinitely as an enemy combatant outside the purview of the US judicial system. On December 5, 2008, the Supreme Court granted certiorari and would likely hear the case in the spring of 2009 if it doesn’t get mooted first by action by the incoming Administration.

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