It is also at odds with a stance that Justice O’Connor took this spring. The panel’s reasoning on this score is particularly weak. If the United States is a laggard in honoring one of the cornerstones of international law, the court asserts, it’s up to other countries to use diplomacy to make us shape up. According to the panel, Geneva protections can’t be enforced in federal court by the people who say they have been deprived of them. Yet the panel ignores Charming Betsy and reads congressional authorization to allow the president to utterly disregard Geneva’s definition of how war crimes are to be tried. Since 1804, it’s been a basic principle of statutory interpretation-called, of all things, the Charming Betsy principle-that federal laws authorizing the government to do something have to be read so that they’re consistent with international law. Their claim is a fairly limited one-not that Geneva gives the detainees a ticket to challenge the conditions of confinement or to sue for money damages, but that it sets the parameters for their trials. Hamdan’s lawyers argued that, since the president is prosecuting their client in the name of the laws of war, the president has to be bound by those laws. Hamdan also says that the defendant, and by extension the other Guantanamo detainees, has no right to petition for release under the Geneva Conventions. The Supreme Court has yet to rule on the legality of these tribunals-a question that Roberts may now help decide. As of February, 558 hearings had resulted in freedom for only three prisoners.
The administration has already devised its own tribunals to review its claims that the Guantanamo detainees are all enemy combatants who are not entitled to the international protections accorded to prisoners of war.
FALLOUT FROM JYDGE RELEASING SUSPECTED TERRIOST FREE
This amounts to a free hand-and one Bush is not shy about extending.
While the president has claimed the authority only to try foreign suspects before the tribunals, there’s nothing in the Hamdan opinion that stops him from extending their reach to any other suspected terrorist, American citizens included. The opinion says that Congress authorized the president to set up whatever military tribunal he deems appropriate when it authorized him to use “all necessary and appropriate force” to fight terrorism in response to 9/11. Raymond Randolph for a unanimous panel (though the third judge, Stephen Williams, expressed a reservation in a concurrence), swallows all of that and then some. The opinion Roberts joined, written by Judge A. If Hamdan is convicted, he can be sentenced to death.
The presumption of innocence can be taken away from him at any time so can his right not to testify to avoid self-incrimination. Unsworn statements, rather than live testimony, can be presented as evidence against him. Hamdan has no right to be present at his trial. It goes by rules that cut back the rights of defendants even more drastically than the tribunal that the United States has helped establish in Iraq to try Saddam Hussein has. "I don't see these former employees or their lawyers boarding a flight to North Korea any time soon to take depositions.This tribunal isn’t like the courts-martial that are used for prisoners of war. "At difficult times like this, our focus should be on easing the pain of Sony and others who are the victims of terrorist attacks instead of piling on," Grossman said. "The complaint appears to be a hodgepodge of snap judgments and speculation of various third parties," Grossman said. Marshall Grossman, a partner in the firm Orrick, Herrington & Sutcliffe, reviewed the federal lawsuit and dismissed it as a publicity ploy.
The FBI is investigating the hack, which is suspected to have been orchestrated by North Korea. 25 release of the Seth Rogen comedy "The Interview," which depicts a fictional assassination attempt on North Korean leader Kim Jong Un. The hackers have demanded that Sony cancel the Dec. "If that's true, then it's a big deal, but the big picture here is whether Sony has liability." The federal complaint contends that hackers might have swiped the "encryption keys" to Sony's system and "that's the keys to the kingdom," Nockleby said.
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