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Home Front: WoT
US court halts Guantanamo military trial
2006-05-17
US military authorities have suspended a military trial of a Saudi "war on terror" detainee after a US court ordered a stay until the Supreme Court rules on whether the trials are legal. Hearings into the case of Ghassan Abdullah al Sharbi were scheduled to resume at the Guantanamo Bay naval base in Cuba, but were called off after a US judge granted his lawyers' request for a stay, a Pentagon spokeswoman said. Judge Emmet Sullivan ruled on Friday that the proceedings be halted until the Supreme Court issues a final decision in the case of another detainee, Salim Ahmed Hamdan, challenging the legality of the special military trials.

Justice Sullivan reasoned that Sharbi would suffer "irreparable" harm if the commission proceedings went forward, while the Government failed to show the harm of waiting until the Supreme Court decision in the Hamdan case. "The Government also claims that this brief delay would imperil the war effort," he wrote. "The Government has not explained, however, why the Court must adhere to the laws of war now, rather than wait a few weeks so that it may follow the rule of law, as it will be determined by the Supreme Court."

Cynthia Smith, a Pentagon spokeswoman, said the court ruling pertained only to the Sharbi case and had no impact on the cases of any other detainee facing trial by military commission. Sharbi is one of 10 detainees, including Australian David Hicks, who have been charged under rules that were specially created to try "war on terror" suspects outside the jurisdiction of US courts.
Posted by:Fred

#7  Zhang Fei"...the gift that keeps on giving.

Much like AIDS
Posted by: Mike N.   2006-05-17 17:17  

#6  Yet another memorable decision by a Clinton appointee. Federal judgeship appointments are the gift that keeps on giving.
Posted by: Zhang Fei   2006-05-17 16:53  

#5  I have a sinking feeling that these assholes are going to end up getting freed, suing us, and eating free cheese for the rest of their miserable lives.
Posted by: bigjim-ky   2006-05-17 10:50  

#4  No Mr. Crawford, they're assuming the title of Prince, Baron, Duke. They declare the law. L'etat c'est moi.

You think if 10 or 20 years ago, the representative body of the people had impeached a few of his fellow robed sitting for life friends, that their behavior would be remarkably different today?

Its going to just make it that much easier for the transition when our Sulla, Pompey, or Caesar does show up.
Posted by: Jetch Jerenter8926   2006-05-17 09:31  

#3  I dunno, SPoD. Some of these judges are skirting damned close to being enemy agents themselves.
Posted by: Rob Crawford   2006-05-17 07:24  

#2  Next time this happens haul the "defendant" out of his cell and shoot him. The law of war applies. The Judges will get the point.
Posted by: SPoD   2006-05-17 03:11  

#1  The caselaws by my readings is well-settled - but what the heck, lets add the SCOTUS just to give Dubya's critics once more opportunity to display their treason. The ACLU, etal knows already the SCOTUS will have to overturn several of their own key decisions.
Posted by: JosephMendiola   2006-05-17 00:59  

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