Closing Arguments: Your Take on the Court’s Gitmo Ruling?
In what observers are calling a stunning rebuke of the Bush administration, the Supreme Court today said that foreign terror suspects held at Guantanamo Bay do have a Constitutional right to challenge their detention in court. Writing for the narrow 5 – 4 majority, Justice Anthony Kennedy said the President and Congress can’t, "switch the Constitution on and off at will.” But in a stinging dissent Justice Antonin Scalia wrote that the decision would, "almost certainly cause more Americans to be killed.” So, what do you think? Do you agree with Justice Kennedy — or Justice Scalia?
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Thanks for putting this up, ABC.
If we have evidence against these terrorists, it’s time to put them on trial. Holding them indefinitely makes us look bad. I would think McCain, of all people, would understand this.
Justice Scalia is wrong here. Suspending our Constitution is not really an option.
Posted by: MIguy | June 13, 2008, 12:22 am 12:22 am
Scalia, belongs to the Bush Regime and they have proven that they have no regard for our constitution nor for any law that stands between them and power. Bush should step down now, especially after how he has destroyed our nation.
Posted by: Kenito | June 13, 2008, 1:09 am 1:09 am
Absolutely shocked at Scalia’s opinion. It reads something you would read in Oceania’s constitution.
My goodness!
Posted by: Ben | June 13, 2008, 1:09 am 1:09 am
We should allow the military to try these prisoners. They are military prisoners of war. There is already rules for dealing with prisoners. The supreme court should stay out of the military.
Posted by: Mike | June 13, 2008, 1:09 am 1:09 am
If we abandon our core values/principals in response to the terrorists, haven’t they won?
The rule of law, fairly administered to all, is supposed to be what we are about. Abandoning that is tantamount to waving the flag of surrender to the extremists.
While it has been too long coming, the Supreme Court is to be commended for standing up for our Consitution, and real American values.
Posted by: T in New Orleans | June 13, 2008, 1:10 am 1:10 am
Justice Kennedy is correct. I once attended a conference in France, and they were making an argument against public CCTV cameras, because some day, there could be someone in power that could abuse this.
This always stuck with me, and it should be applied to this matter as well. Habeas Corpus is not only important for Americans, its important for the World.
Posted by: eric | June 13, 2008, 1:10 am 1:10 am
Justice Scalia can’t actually know that this decision will result in the death of americans. So to claim that his fellow justices are, essentially, complicit in murder, is absurd. It demonstrates his petulance, emotional dysfunctionality and intelectual intolerance.
In fact, it sounds like an angry bully who didn’t get his way.
This is indeed the model Justice of Pres. Bush
Posted by: Mark | June 13, 2008, 1:10 am 1:10 am
Scalia has shown himself, yet again, to be a partisan hack rather than a jurist capable of dispationate legal analysis.
Posted by: scott | June 13, 2008, 1:11 am 1:11 am
Continuing to hold these prisoners without due process totally goes against our constitution and that rights that we hold so dear. Why have the constitution if it can be disregarded at will by our top leader(s).
Posted by: JLO | June 13, 2008, 1:11 am 1:11 am
Thank you, thank you. I’ve been saying that I want my country back & it looks like it just might finally be happening. No matter what, you need to face your accuser and state your case. No matter how much we disagree, we should hear the other side. Thank you to the court for finally starting the repair job to the honor and rights in this country that will probably take 100 years to fix.
Posted by: ritgar | June 13, 2008, 1:11 am 1:11 am
The conservatives often talk about how they interpret the constitution and don’t just rule on their agenda. This time it is the “liberals” who are interpreting the constitution and not using it for their political agendas. Let’s not have a double standard here.
Justice Scalia’s dissenting opinion doesn’t even discuss the constitution. Instead he, like others in our government, are trying to use scare tactics to convince people to do things their way. Isn’t that how we got into the mess that we are in with Iraq?
Posted by: Pattiteach | June 13, 2008, 1:11 am 1:11 am
Prisoners of war. What war, was there a “war” declared? Scalia is way off base as usual.
Posted by: marsh | June 13, 2008, 1:12 am 1:12 am
The courts should stay out of war related prisoners held as a result of combat. How can you prosecute a war if a combatant has to worry about how some pacifist back home will rule?
Posted by: Harold Dolph | June 13, 2008, 1:12 am 1:12 am
This is a monumental decision for freedom and for the Constitution against a rogue Presidency. The strength of our democracy faces its greatest test during exceptional times.
Constitutional democracies cannot long endure governance by necessity. Instead, Justice Kennedy showed his measure as a person of principle and courage.
Terrorism is as terrorism does and our slide into what we fight and fear most has been precipitous. Perhaps, this is at last a turn away from this imperial Presidency.
Posted by: william shanahan | June 13, 2008, 1:13 am 1:13 am
Is there a choice. Of course Scalia is right. What’s the matter with those others. These are our enemies.
Posted by: Larson | June 13, 2008, 1:13 am 1:13 am
If the flag of the United States of America is flying over Guantanamo Bay, then certainly anyone under that flag by choice or otherwise, is subject to the laws and the rights that the flag represents. To think otherwise is insane!
Posted by: mike | June 13, 2008, 1:13 am 1:13 am
Hey MIguy, you’re worried about looking bad?
How you think you’re gonna look when these aholes come here and cut your head off?
They don’t like us.They want to kill us.
All of us!
Shouldn’t the constitution be for legal American citizens.
Posted by: Tom | June 13, 2008, 1:13 am 1:13 am
Justice Kennedy’s statement is, in my modest opinion, more than accurate. It may help us regain some of the respect we have lost as a nation worldwide for the way things, in general, have been handled. Deciding who gets justice and who doesn’t should never be in the hands of any single-minded person, I don’t care if they ARE the President.
Posted by: davidlewis7 | June 13, 2008, 1:13 am 1:13 am
The United States holds other countries accountable for their human rights policies. How can our leadership ignore the basic truth of our constitution? How can a fearful man be lead into bad decisions by a manipulative and paranoid man who just just supposed to be his “Vice”? WILL these leaders of our administration be held accountable by the world for the attack and invasion of a country? Was not the leader of the country this President attacked held accountable for his 1990 invasion of a country? ARE WE BETTER THAN SADDAM???? Perhaps Justice Kennedy is beginning to show our country what we will need to do to heal from these mistakes.
Alan C. Wilson in MN
Posted by: Alan W. | June 13, 2008, 1:14 am 1:14 am
The Supreme Court is way off base. These are prisons of war-NOT welcome guests. They are killing our American solders. Protect our country-STOP being so liberal and stuck on your selves.
Scalia I agree with you!
Posted by: Rene | June 13, 2008, 1:14 am 1:14 am
Rene,
If they were not “welcome guests” why did we bring them to a military base governed by U.S. law?
Posted by: semperfi0291 | June 13, 2008, 1:19 am 1:19 am
No one ever told Bush that there are three branches of government that have political power, that America is a nation of laws and a Constitution that ALL must follow, that the Constitution’s mandates cannot be overridden or ignored, that torture is not legal, that the Geneva Conventions protect our soldiers or that, because he lies so often, some of his lies will be exposed. President Bush is the world’s most obvious terrorist behind only behind binLaden. Those souls at Guantanamo have not been charged, have not been indicted, have not been afforded the minimum defense afforded to those who must defend themselves in counties we deride as uncivilized.
Posted by: Stephen/Miami | June 13, 2008, 1:20 am 1:20 am
So what happens if someone comes and kidnaps Rene and Tom in the middle of the night. Those nasty terrorists strike again. They take Rene and Tom back to their terrorist caves, where they are locked up for being enemy combatants…never a trial, never a jury, never a conviction.
Sounds good to me.
Posted by: eric | June 13, 2008, 1:20 am 1:20 am
What do they think they are doing? Sure these detainees would have constitutional rights under our constitution – IF THEY WERE AMERICAN CITIZENS. They are foreign nationals and, as such, DO NOT enjoy the rights and freedoms of the American people. I say that this decision is null and void and we should just ignore it. After all, it is the United States Supreme Court and not the world court, therefore they have no jurisdiction.
Posted by: Ron B | June 13, 2008, 1:20 am 1:20 am
The Supreme Court will regret this move’ Pray for them. Scalia, God hears you and He’s pleased
Posted by: Ray | June 13, 2008, 1:21 am 1:21 am
OH, those nasty terrorists just kidnapped Ron B too, and took him back to the cave. Never to be seen again.
Posted by: eric | June 13, 2008, 1:22 am 1:22 am
The hubris of the judiciary will increase the cost of freedom for future generations in both gold and blood. Or perhaps not. Perhaps instead of capturing terrorists, our soldiers will just issue them a writ. They will ask if they are tourists, and remind them that if they are wrongly detained, they can sue for millions of dollars. This will of course be a boon to liberal lawyers who want to start class action lawsuits on behalf of racists who wish to wipe jews off the planet.
Posted by: NYout | June 13, 2008, 1:23 am 1:23 am
Our nation provides protection of its citizens with the writ of habeas corpus. Our worst criminals that commit the most heinous crimes are afforded this right. How can any freedom loving nation allow people to be imprisoned, often based on innuendo and accusation alone, without this right? Shame on this republic and Justices Scalia, Thomas, Alioto and Roberts for supporting this form of injustice.
Posted by: Sheldon Levine | June 13, 2008, 1:23 am 1:23 am
Our constitution pertains to our nation and it’s citizens. It is not the constitution of the world. It is the constitution of America.
You are not entitled to the benefits of a club unless you are a member.
You are not entitled to the benefits of heaven unless you are a member.
You are not entitled to the benefits of insurance unless you sign up
and you are not entitled to the full benefits of an American Citizen unless you are one.
Posted by: Glenn | June 13, 2008, 1:23 am 1:23 am
The correct word is not happiness.
The correct word is joy.
Eye contact and smile creates JOY.
JOY creates SMILE – SMILE creates JOY.
Forced smile and eye contact resulted in ending decades of very severe stuttering over one decade ago.
Now I talk things to death, and the wise turn and walk away.
I truly enjoy talking – now.
Posted by: Stick | June 13, 2008, 1:24 am 1:24 am
If our Constitution starts with the words “We the people of the United States”, then how could it refer to citizens of other countries?
Posted by: Lilian | June 13, 2008, 1:25 am 1:25 am
I believe that enemy combatants of the U.S. are, as all people are, entitled to treatment consistent with the standards of basic human rights, but not to the entitlements of U.S. citizens.
Posted by: DRumble33 | June 13, 2008, 1:26 am 1:26 am
That is, unless they are American citizens, then they can be tried for treason.
Posted by: DRumble33 | June 13, 2008, 1:28 am 1:28 am
I don’t think they bother taking anyone back to the cave.
They cut the head off and burn the body.
And in case you haven’t noticed, they don’t play by any rules.
They dress as civilians and hide behind women and children.
Posted by: Tom | June 13, 2008, 1:29 am 1:29 am
I guess I am a little confused like some say McCain is (some being John Kerry) these prisoners of war (not five and dime drug store theives)are not afforded the same provisions as citizens of this country. They are POW’s and theirfore are under the jurisdiction of the military. Last time I checked the President was the Commander in Cheif, not the Judicial Branch of our government. Did anyone in the liberal/Democratic party pass any government class in high school or were they just to high on drugs to figure it out. We USA citizens are on the road to distruction if we do not stop this liberal/Democratic nonsense.
Wake up America and vote for people with Common Sense and those who are PRO American.This does NOT include Obama, Reid or Pelosi as much as they would like us to believe they are true Americans.
Posted by: Dwayne | June 13, 2008, 1:30 am 1:30 am
Here here, to Dwayne
Posted by: DRumble | June 13, 2008, 1:32 am 1:32 am
I believe Judge Kennedy is jeopardizing ALL American lives with this most recent decision. What other country in our universe would so liberally put its citizens in such dangerous consequences??? God bless America!
Posted by: Donna | June 13, 2008, 1:33 am 1:33 am
The Romans, maybe?
Posted by: Drumble | June 13, 2008, 1:34 am 1:34 am
Unbelievable.
There once was a great nation. They called it America. It once believed in liberty, freedom, law, and justice. It once held moral authority above all else, and was determined to spread this moral authority to other countries, not by force, but by example. Where people had equal rights, where people had empathy, understanding, and most of all, integrity.
Or was there such a country?
Posted by: eric | June 13, 2008, 1:34 am 1:34 am
I dont think s, Eric. I think thats just the morality angle we’ve rallied behind in the past.
Posted by: DRumble | June 13, 2008, 1:37 am 1:37 am
As usual, Judge Scalia overreacts to a ruling in which he represents the minority opinion. Wouldn’t it be wonderful if Scalia (and his puppet Thomas) would limit himself to interpreting the Constitution as our Founding Fathers had intended it as opposed to how he’d like to see the country run. For all his recent “outreach” attempts (with the obvious goal of selling his book, naturally) Scalia remains true to his nature – a blustering, pompous old goat whose intellectual stance is to demean anyone who doesn’t share his opinion.
Posted by: RickInAmerica | June 13, 2008, 1:40 am 1:40 am
Martin Beshear (sp?)said we could vote for Kennedy or Scalia, but how do we do that? If you require lengthy comments, you’ll miss people with little time, no wish to make their views public, etc. Pleas redesign your website to allow a simple “vote”.
I agree with the majority (Kennedy’s opinion), but also agree with both justice’s quotes. Scalia says people will die, and that’s as true as the fact that releasing convicted criminals will result in some killings, but that doesn’t make it the wrong thing to do. Some percentage of recidivists will end up killing, in the course of a robbery, or whatever. Does that mean we should never release convicted prisoners?
Maybe Scalia has some cogent points, but this isn’t one of them. In light of his “stinking descent” (are we talking slippery slope here?) it seems doubtful that he has any.
ps Remember the days when we believed that it was more important to free 99 guilty people if it meant imprisoning one innocent person? Guess that kind of thinking is archaic now. Sad.
Posted by: DougDavis | June 13, 2008, 1:42 am 1:42 am
Does he demean the people who dont agree with him by calling them a blustering, pompous old goat?
Posted by: DRumble | June 13, 2008, 1:43 am 1:43 am
We’re headed for anarchy. Citizens don’t trust their government and the Judicial branch has become the mascot of the liberal left between gay marriage and it’s allowing litigation to get to be a lottery system with a high probability of winning. We still have it pretty good, but we’re headed toward scary. Scary isn’t it.
Posted by: Mark | June 13, 2008, 1:44 am 1:44 am
The Ideal of freeing 99 guilty people for the release of one inocent is romantic and ridiculous. It is exactly what terrorists have in mind when they take hostages.
Posted by: DRumble | June 13, 2008, 1:46 am 1:46 am
Kennedy is correct on this one. We are a nation of laws, molded by the Constitution, which is a foundation of our country…So Scalia is saying that if we follow our own laws, we die? But if we DON’T follow our laws, we live? hmmmm No WONDER ‘corruption’ seems ‘overpopulated’, and the good guys are disappearing!
Posted by: Patty | June 13, 2008, 1:51 am 1:51 am
Every Kennedy thats ever been in government has screwed it up.
Posted by: Spugee | June 13, 2008, 1:54 am 1:54 am
Justice Kennedy was right. The rule of law must be preserved. We are not a monarchy or a dictatorship. Many innocent men have been detained and tortured. It’s kept secret. We should move towards keeping our rights and justice for all forever.
Posted by: CWaters | June 13, 2008, 1:56 am 1:56 am
Justice Kennedy was right. The rule of law must be preserved. We are not a monarchy or a dictatorship. Many innocent men have been detained and tortured. It’s kept secret. We should move towards keeping our rights and justice for all forever.
Posted by: CWaters | June 13, 2008, 1:56 am 1:56 am
I decide who shall live and who shall die….not the supreme court! by the way, dwayne it’s: therefore, thieves, and destruction. Im not saying that you are stupid or anything…did you pass an english class in high school, or elementary school for that matter? Goddamn conservative right wing loser
Posted by: god | June 13, 2008, 1:56 am 1:56 am
eric,
keep acting like an idiot and this country will eventually get what you “THINK” you want it to be and when you say something that country’s government does not like they won’t bother taking you to the cave, they will just gather you and your family (if they actually mean anything to you)and kill you on the spot. Ask some of the distant family members of the people Sadam did not like.
Posted by: Dwayne | June 13, 2008, 1:58 am 1:58 am
Okay let’s everybody take a breath ……
The Constitution does not apply to prisoners of war. Yes we are at war. They get better care there than prisoners in our own country. The alternative would be TAKE NO PRISONERS, all you highly educated, read between the lines on that one. Military Tribunal is the only consideration they should get. Attorneys have to be behind
this, anything for them to make a buck.
When they start passing the bucket to
collect monies for the Terrorist Defense
Fund, you Liberals make sure you give them your name and full address so they can send you a thank-you note!!! You just keep kissing up to these Terrorist and before you know it they’ll be knocking on your door at home to return the favor. BE AFRAID, BE VERY AFRAID
Posted by: Tough Mom | June 13, 2008, 1:58 am 1:58 am
Wow! God has not only spoken but confirmed that conservatives are aholes……
Posted by: ickInAmerica | June 13, 2008, 2:00 am 2:00 am
This decision is a joke. These people are prisoners of war, or foreign nationals captured while engaging in terrorist acts, or planning terrorist acts. They come under military law. They are not U.S. citizens, nor do they deserve to be treated as such.
The only factor that confuses the idiot majority on the Court, is that although these prisoners were captured abroad, they weren’t kept there. Had they remained imprisoned in Afganistan or Iraq, this wouldn’t be an issue. The German Nazis were tried in Neurenburg not in the U.S., nor given rights under the U.S. Constitution.
This is another regretful decision.
Posted by: Bill | June 13, 2008, 2:01 am 2:01 am
Good ickInAmerica. you must be an ahole licker.
Posted by: Spugee | June 13, 2008, 2:01 am 2:01 am
Kennedy gets his strokes going to DC cocktail parties where everyone tells him what a good monkey he is.
Posted by: Spugee | June 13, 2008, 2:04 am 2:04 am
Well, Tough Mom, I’m ok with conceding your point that the Constitution doesn’t apply to prisoners of war if you’ll concede mine that the Geneva Conventions certainly do…..
Posted by: RickInAmerica | June 13, 2008, 2:04 am 2:04 am
Why must every person saying something about conservatives resort to name calling. I think I know why. Inability to articulate clear argumentative thoughts.
Posted by: DRumble | June 13, 2008, 2:06 am 2:06 am
Why don’t we put one behind the left ear of all those “innocent detainees” and be finished with it.
Posted by: Spugee | June 13, 2008, 2:06 am 2:06 am
Of course, Im not defending that one……..
Posted by: DRumble | June 13, 2008, 2:07 am 2:07 am
Spugee wrote:
“Kennedy gets his strokes going to DC cocktail parties where everyone tells him what a good monkey he is.”
Ummm….Wouldn’t that be Thomas?
Posted by: RickInAmerica | June 13, 2008, 2:09 am 2:09 am
the only fools here believe that the constitution only covers those in the U.S.. Will they be rallying for their “rights” when they get into trouble in another country? or praying to me that the laws protect them as much as a citizen of that land? (see Hungary, or midnight express for the challanged)hmmm
Posted by: god | June 13, 2008, 2:10 am 2:10 am
No Kennedy. Thomas is an honest broker.
Posted by: Spugee | June 13, 2008, 2:10 am 2:10 am
god
I am glad to see you use a small “g”.
Actually I did pass English (did not realize this was going to be graded for spelling), but just like a liberal, miss the entire idea just to show the World how SMART YOU are. By the way I have two advance degrees, if it matters to the SMART people.
Posted by: Dwayne | June 13, 2008, 2:10 am 2:10 am
um, god, isnt it a us constitution?
Posted by: umm | June 13, 2008, 2:12 am 2:12 am
It doesn’t matter what the court says, Bush will just do what he wants. He basically said so today from Italy, if you watch his entire speech. He will ignore the court, change the law if he has to…but he will do what he wants to do. Those in custody aren’t going anywhere. And we will do what we do and let it happen and do nothing.
Posted by: Nick | June 13, 2008, 2:14 am 2:14 am
Then good for Bush.
Posted by: Spugee | June 13, 2008, 2:14 am 2:14 am
Spugee wrote:
“No Kennedy. Thomas is an honest broker.”
Kennedy has ruled in favor of both “liberal” and “conservative” issues that have come before the court. He apparently tries to decide the merits of a case before ruling. Anyone can tell how Thomas (and Scalia), will rule on ANY case before opening arguments are made….
Posted by: RickInAmerica | June 13, 2008, 2:17 am 2:17 am
Like Jackson said about a SCOTUS decision, let them enforce it.
Posted by: Spugee | June 13, 2008, 2:18 am 2:18 am
yes, umm. my point was that the us govt covers many lands including, guam, puerto rico, the virgin islands (us), midway islands and guantanamo bay. therefore, all are subject to us law and its constitution and thereby its rights.
dwayne, nobody ever said education = intelligence.see current administration for further details
Posted by: god | June 13, 2008, 2:18 am 2:18 am
Bad point.
Posted by: Spugee | June 13, 2008, 2:19 am 2:19 am
there goes roe v. wade
Posted by: chicagomarine91 | June 13, 2008, 2:20 am 2:20 am
yay god!
Posted by: chicagomarine91 | June 13, 2008, 2:21 am 2:21 am
Foreign nationals do not have the rights of American citizens with regard to trial. Can we please stop ignoring that fact?
Posted by: DRumble | June 13, 2008, 2:21 am 2:21 am
It is a very good argument for taking no prisoners.
Posted by: Spugee | June 13, 2008, 2:22 am 2:22 am
They do have human rights that we must honor.
Posted by: DRumble | June 13, 2008, 2:24 am 2:24 am
I shall smite thee, judge scalia. Ye shall burn in hell thru all eternity.
Posted by: god's right hand | June 13, 2008, 2:26 am 2:26 am
Rick in America
So what does the Geneva Convention say,
must we make thse POW’s citizens and now allow them to be tried in our courts. Please educate me on the Geneva
Convention.
Posted by: dwayne | June 13, 2008, 2:26 am 2:26 am
DRumble,
If that foreign national is in the United States, he receives full constitutional protection in a criminal trial (see the Fourteenth Amendment)
Posted by: Bizzako | June 13, 2008, 2:26 am 2:26 am
They should all have green bubbleup and live on lollipop lane. They have the right to be killed.
Posted by: Spugee | June 13, 2008, 2:26 am 2:26 am
DRumble, they certainly do while on American soil, and Guantanamo Bay is American soil as it is an established military post, much like a Chinese embassy in the U.S. is soveriegn.
Posted by: chicagomarine91 | June 13, 2008, 2:26 am 2:26 am
It is a leased property of the USA
Posted by: Spugee | June 13, 2008, 2:28 am 2:28 am
nobody on here don’t know nothing.
Posted by: JimBobLuvsBush | June 13, 2008, 2:29 am 2:29 am
see, i have my back-up….go get him!
Posted by: god | June 13, 2008, 2:31 am 2:31 am
god spelled backward is dog, elohssa spelled backward is…
Posted by: Spugee | June 13, 2008, 2:33 am 2:33 am
Please pardon my ignorance.
Posted by: DRumble | June 13, 2008, 2:36 am 2:36 am
spugee, your home is on “leased property of the U.S.” and your brain has been leased to the RNC for further study into the effects of the “patriot act”. may you find your way home and please lease a spot near crawford texas, gods other armpit(my first being darfur)
Posted by: god | June 13, 2008, 2:36 am 2:36 am
Little g, I always measure a person by their intellect. You seem to be the kind of guy where everything is too short. About two inches.
Posted by: Spugee | June 13, 2008, 2:38 am 2:38 am
god’s right hand
It is amazing how many liberal/Democrats
think they are god or god’s right hand, and by the way god, I have not seen in God’s Word (that would be the Bible)where Justice Scalia is mentioned by name. god must be reading the Wrong god’s word. (and yes I do Proudly read the Word of God (the Bible) and sometimes mispell words but I do get the meaning of what He is saying, god you might want to read the Word of God.
Posted by: Dwayne | June 13, 2008, 2:41 am 2:41 am
What is elohssa spelled frontards supposed to be?
Posted by: DRumble | June 13, 2008, 2:41 am 2:41 am
frontwards
Posted by: DRumble | June 13, 2008, 2:42 am 2:42 am
DRumble, are you short too?
Posted by: Spugee | June 13, 2008, 2:42 am 2:42 am
im sorry for the mixup, spugee…i couldnt decide whether to make you a boy or a girl, so i gave you a very small one and a close hole to comfort you. being alone is so sad…
Posted by: god | June 13, 2008, 2:42 am 2:42 am
Dwayne
I’m not going to give a rundown on the totality of the Geneva Conventions, suggest you go to Wikipedia for that if you’re REALLY interested (which I suspect you’re not). But no, we don’t need to make them citizens in order to try them in our courts. We DO need to treat them humanely (in the hope that our POW’s will be treated the same – ie torture is a no-no) and provide access to humanitarian groups (such as the Red Cross, another liberal organization, no doubt). I find it interesting that many conservatives in this forum are referring to these “detainees” as POW’s, whereas the Bush administration will not, classifying them only as the afore mentioned “detainees” in order to deny them the most basic of human (NOT American) rights.
Posted by: RickInAmerica | June 13, 2008, 2:43 am 2:43 am
Doesnt John Stewart have a blog for you to talk about that on?
Posted by: DRumble | June 13, 2008, 2:43 am 2:43 am
In Bookstores soon: “Spugee: The Last Bush Supporter on Earth”
A man so powerful…he is unaffected by logic, evidence or reason. Like his Idol, Spugee makes all his decision from his gut. Unfortunately the gastric bypass went as planned, and the newly svelte Spug-ster has little left to make an informed decision on what to have for breakfast. TheTruthHurts Press
Posted by: JimBobLuvsBush | June 13, 2008, 2:45 am 2:45 am
I’m sure you are use to very small. It’s too bad it extends to your intellect.
Posted by: Spugee | June 13, 2008, 2:45 am 2:45 am
Your the only one I heard refur to them as POW’s. maybe I missed someone say it, but “many conservatives”? If your point is valid, why the sensationalism?
Posted by: DRumble | June 13, 2008, 2:46 am 2:46 am
sorry to cut this short, but my divided attention has cost a small crnfield in illinois, so i need to take out a pig factory in iowa to lower the waters on the old miss….DEEP RIVERRRR!
Posted by: god | June 13, 2008, 2:47 am 2:47 am
JimBobLuvsBush, hey, can I have a crack at that sister too?
Posted by: Spugee | June 13, 2008, 2:47 am 2:47 am
god said:
“im sorry for the mixup, spugee…i couldnt decide whether to make you a boy or a girl, so i gave you a very small one and a close hole to comfort you. being alone is so sad…”
Why don’t you take one of his ribs and give him a mate? Preferably a well endowed one…..
Posted by: RickInAmerica | June 13, 2008, 2:50 am 2:50 am
Here’s how I see it:
The detainees are POWs and they are subject to the Geneva Conventions and are shielded from inhumane treatment/torture (ie waterboarding) and criminal trials. If they are POWs, they are not entitled to the protections granted by the Constitution, but they are entitled to be released at the end of the conflict.
Posted by: Bizzako | June 13, 2008, 2:52 am 2:52 am
He is the kind of guy that probably plays for the other side-and he would know what to do with a big one.
Posted by: Spugee | June 13, 2008, 2:52 am 2:52 am
I guess that signals the end of any hope for any intelligent conversation. Good night.
Posted by: DRumble | June 13, 2008, 2:55 am 2:55 am
You are so sensitive.
Posted by: Spugee | June 13, 2008, 2:56 am 2:56 am
DRumble wrote:
“Your the only one I heard refur to them as POW’s. maybe I missed someone say it, but “many conservatives”? If your point is valid, why the sensationalism?”
Sorry, you may be right. Dwayne and Tough Mom both referred to them as POW’s, I think there may be others but I’m not going back to check. At any rate, even though I interpreted them to be conservatives (based soley on their posts) I may be wrong, though I don’t think so…..
Posted by: RickInAmerica | June 13, 2008, 2:56 am 2:56 am
No, I just want to miss the poop and fart jokes that Im sure are coming
Posted by: DRumble | June 13, 2008, 2:57 am 2:57 am
Here is one about Obama’s wish for change. It’s the classic. If Obama wishes in one hand and poops in the other, which one fills up first?
Posted by: Spugee | June 13, 2008, 3:01 am 3:01 am
Is he pooping in his left hand? :)
Posted by: DRumble | June 13, 2008, 3:03 am 3:03 am
See now? your dragging me down with you :)
Posted by: DRumble | June 13, 2008, 3:03 am 3:03 am
I don’t get it. Why would he poop in his hand (or wish in his hand, for that matter)?
Posted by: RickInAmerica | June 13, 2008, 3:06 am 3:06 am
Gotta go. Its a puzzle of the first order.
Posted by: Spugee | June 13, 2008, 3:07 am 3:07 am
The majority got it RIGHT and Scalia and his supporters (Bush dudes) are WRONG.
Posted by: Joseph Richardson | June 13, 2008, 3:12 am 3:12 am
i have found most of the conversation tonight interesting, with many points of view. i am disturbed, however, that so many people take the constitution for granted and just make assumptions about it. 1, there is no war, therefore no pow. 2, we brought these men to the U.S. by bringing them to guantanamo bay and thereby placing them under U.S. laws and protections guaranteed by our constitution.3, we as the people choose our lawmakers, and our president. if you are not happy, vote. its your right and priveledge. by the way, who you vote for today determines the supreme court tomorrow….they are appointed by the president. i have no quarrel, but mccain =an anti abortion crowd.
Posted by: chicagomarine91 | June 13, 2008, 3:12 am 3:12 am
Well said, and thanks 4 the info chicagomarine91. I’m not scared by the abortion assertion though
Posted by: DRumble | June 13, 2008, 3:19 am 3:19 am
I agree with Justice Scalia. Time will tell.
Posted by: KL | June 13, 2008, 3:19 am 3:19 am
I am scared by the bleeding hearts for the enemy crowd. The appeasement crowd too..
Posted by: DRumble | June 13, 2008, 3:21 am 3:21 am
Our system is breaking down if habeas corpus cannot get a unanimous vote from the Supreme Court.
We need to decide: Do we want peace in the world, or our “interests” served, even at others expense.
Turning to peace will require more courage than any firefight. Peace will require brilliance, and an inner calm we will have to learn to find, capture, and hold to with a steady hand.
The key that ignites this paradigm is truly wanting more and better for others than ourselves.
The Bush legacy provides so many lessons we will improve our chances of leading the nations of the world into a new era that resembles little of any part of history coming before it. Surviving the Bush legacy by using it as a springboard, or the sudden reversal in direction that makes the whip crack as it breaks the sound barrier….that is the leap I believe we will take.
Posted by: Terry Lilly | June 13, 2008, 3:24 am 3:24 am
Wouldn’t it be great if the Supreme Court showed as much interest in preventing the beheading of Americans like journalist, Dave Pearl, as it displays in protecting the theoretical rights of terrorists?
Posted by: Kencahu | June 13, 2008, 3:27 am 3:27 am
I agree with the majority of the judges. Scalia doesn’t respect our Constitution and God forbid we get anymore justices like him and Roberts, Alito and Thomas.
THANK YOU JUSTICE KENNEDY you made my day!
Posted by: Caroline | June 13, 2008, 3:28 am 3:28 am
That would be awesome!
Posted by: DRumble | June 13, 2008, 3:29 am 3:29 am
Scalia seems to think that Americans aren’t willing to trade their lives, their safety, for the Constitution. When did Republicans become such damned wimps? Americans have been giving their lives for the Constitution for over 2 centuries. We will continue to give our lives for it. If the craven right wing, like Scalia, doesn’t like that trade, they really should move to a nice, safe totalitarian state. Our Constitution and our liberty demand risk and sacrifice. We liberals stand ready, and we will not sell our birthright so cheaply. Time to quit, Scalia, Thomas, Roberts and Alito. You don’t have the guts.
Posted by: JT MD | June 13, 2008, 3:33 am 3:33 am
Im sure they’ll be reading this….
Posted by: DRumble | June 13, 2008, 3:34 am 3:34 am
To Terry Lilly, Your kind of attitude is why 9/11 happened. BLOWBACK. Unfortunately a decent person like Dave Pearl was the recipient of the same because of Fellujah. None of it is right but why keep defending our actions when we are being wrong.
What the justices did today will also protect YOU!
Posted by: Caroline | June 13, 2008, 3:35 am 3:35 am
Blame everyone except for the people who did it
Posted by: DRumble | June 13, 2008, 3:37 am 3:37 am
Sorry, NOT TERRY LILLY I meant my last post for
KENCAHU.
Posted by: Caroline | June 13, 2008, 3:40 am 3:40 am
Scalia can say that this court decision could effect American lives, but one can also say that invading Iraq did AND will effect many lives as well. This is a ridiculous statement. If we can’t try “suspected” terrorists under our American court system, what does that say about our faith in the American system of justice? It is so sad how America has succumbed to the terrorists actions. Lives may have been lost during 9/11, but we lost our collective American soul when we opened Guantanamo.
Posted by: Peter | June 13, 2008, 3:44 am 3:44 am
Maybe we shouldn’t succumb to the terrorists. Maybe we should pretend that it never happened, and that it won’t happen again unless we take precautions. Which makes me wonder: Why is it that we haven’t been hit in this country again? Maybe they just didn’t want to. Then again, maybe the added hassle at the airports is worth it, and maybe they’re too busy fighting our military over there, instead of buying a plane ticket for over here.
Posted by: DRumble | June 13, 2008, 3:53 am 3:53 am
I have never responded to a national news provider with my comment via the internet, but, I had to accept your offer about tonight’s “Closing Arguments” because of the gravity of the story! It is simply UNBELIEVABLE that this issue regarding Guantanamo Bay is a debate! The Bush Administration has allowed for the kidnapping and incarceration of people from OTHER countries by our country and then denied them the DUE PROCESS of LAW under the guise of “War”; I simply agree with Judge Kennedy and his argument! Thank GOD we have the voice of reason in the majority on our Supreme Court regarding this issue. No wonder the people of this world FEAR the United States – we act is if we can justify ANYTHING that involves our self-imposed self-interest…
Mike McGrath
Sherwood, Oregon
Posted by: Mike McGrath | June 13, 2008, 4:11 am 4:11 am
According to someone posting here, “Foreign nationals do not have the rights of American citizens with regard to trial”
Why would we treat Foreigners to a lesser standard of justice than ourselves? How can we convince the rest of the world to embrace our form of democracy if we do not lead by example? As an American, sometimes I think our problem is that half of this country is just plain stupid!
Posted by: Peter | June 13, 2008, 4:21 am 4:21 am
I was mistaken when I said that “Foreign nationals do not have the rights of American citizens with regard to trial”. Sorry
Posted by: DRumble | June 13, 2008, 4:25 am 4:25 am
Of course I agree with Kennedy. Any right thinking person would do so. Bush and Cheney are concerned that these detainees will be found innocent and they will be held accountable.
Posted by: Ter | June 13, 2008, 4:36 am 4:36 am
The left will do anything including tying our hands with even more rules while our enemy follows none to try and make this war effort fail. I say: “Hold them until the war is over”. At least when we catch them, we dont saw their heads off and video tape it. Havn’t you been paying attention to the results of letting “inocent” detainees walk back to the battlefield?
-Dan Rumble, Flint, MI
Posted by: DRumble | June 13, 2008, 4:43 am 4:43 am
The court got it right today and, as usual, Scalia got it wrong. Loss of American life stings, but it’s a better option than surrendering our justice system to terrorists. If we abandon our principals, the terrorists succeed.
Posted by: M.R. | June 13, 2008, 5:07 am 5:07 am
How can McSame be against justice for POW’s (Call them what you want) and he is considered a hero because he was a POW? That’s nuts….
Posted by: Lawrence | June 13, 2008, 7:16 am 7:16 am
What else can you expect from a crypto-nazi like Scalia and the 3 others in his cohort. If the Vietnamese used a standard as degenerate as the one he defends John McCain would still be in the Hanoi Hilton. Good luck to all of you who are going to be crying for the Bush league serial liars of the Dildo Administration.
Posted by: Royzo | June 13, 2008, 7:38 am 7:38 am
Scalia (Cheney’s old hunting buddy from Secret Energy Task Force days) is a fascist fearmonger.
Thank you, Justice Kennedy for defending the Constitution and our core values.
For those claiming these “detainees” are “prisoners of war”: Bush/Cheney have been claiming for years they are NOT “prisoners of war”, because “prisoners of war” are protected by something called the Geneva Conventions.
Many of them have been held so long under such brutal conditions they have literally been driven insane and are now incompetent to defend themselves or stand trial.
Let’s see the evidence against them.
Posted by: kafka | June 13, 2008, 7:42 am 7:42 am
Bush is a incompetent President and like 1/2 the posters here has no understanding of the Constitution….just knee jerk reaction.
” They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety”…Benjamin Franklin
Posted by: Boris | June 13, 2008, 10:17 am 10:17 am
It was not a ‘stunning rebuke of the Bush administration’, thats MSM spin. It was a 5-4 decision in which the majority ignored precedent and the plain words of the Constitution. The judicial branch once again is legislating from the bench.
Posted by: Spugee | June 13, 2008, 10:32 am 10:32 am
This is a no-brainer and should have been ruled a long time ago. This is the United States of America. You can’t put people in jail and throw away the key and never charge them with anything. This is not Nazi Germany or North Korea. I was seriously beginning to wonder if it was. Because if history teaches us anything, once they start with one group and get away with it, it won’t be too long before your next. We already have a few citizens on US soil that are being held in this way.
Posted by: livefreeforever | June 13, 2008, 10:44 am 10:44 am
In many post I keep reading how we do not saw heads off and video tape it. First of all, that’s because we are supposed to be better than that. Most of you seem to think that would be ok to do with people imprisoned at Guantanamo bay. Second point, I still have yet to see or hear where another country has sawed off heads and video taped it. I have seen and heard about people in other countries doing that but I have also seen the news nightly here in the US and there are many people who commit the same atrocities here. It just isn’t under the guise of fighting occupational forces.
Posted by: Thom | June 13, 2008, 10:45 am 10:45 am
Spugee,
you may want to try actually picking up a copy of the constitution. Can you even read?
Ever hear of the fourteenth amendment?
Our constitution does not say it only applies to those granted citizenship, it applies to all those on our soil. Which Guantanamo is. If you don’t believe me, just ask any Marine
Posted by: Thom | June 13, 2008, 10:50 am 10:50 am
How could Anthony Kennedy be so inane as to confer the right of habeus corpus to alien enemies captured abroad in mid-warfare? That is CRAZY TALK from a catholic gone bad, not constitutional jurisprudence. Impeach Kennedy now
Posted by: Ali Babba | June 13, 2008, 11:04 am 11:04 am
Scalia’s statement confirms my opinion of him as a crackpot. It’s amazing how little republicans value our Constitution.
Posted by: JR | June 13, 2008, 11:16 am 11:16 am
Bravo to the Supreme Court! It is long overdue that we restore integrity to our country. The Bush administration has acted like a dictatorship ignoring the Constitution. We know from the past that there is fear to release the innocent because, in their long incarceration and torture, they will speak out against us and be right in doing so. Now the innocent and the guilty will have their say as is proper in a democracy. It is a beginning to restore our standing in the world.
Posted by: gryphling | June 13, 2008, 11:27 am 11:27 am
Reports today are saying that the military is going to procede regardless of the ruling. If this administration won’t abide by the Supreme Court, do we still have a democracy or is this a dictatorship?
Posted by: JR | June 13, 2008, 11:40 am 11:40 am
If the court cannot properly construe the law, their decisions shall be granted no deference from the executive branch. I hope the military does defy this lawless court. What is wussy Kenedy et al gonna do, send the National Guard to Gitmo?
Posted by: Ali Babba | June 13, 2008, 11:44 am 11:44 am
If the court cannot properly construe the law, their decisions shall be granted no deference from the executive branch. I hope the military does defy this lawless court. What is wussy Kenedy et al gonna do, send the National Guard to Gitmo?
Posted by: Ali Babba | June 13, 2008, 11:44 am 11:44 am
“we had to destroy the village in order to save it” seems to be the neo-con mentality of today. We love the US, but don’t like the Constitution or the Bill of Rights or our nations laws. We want to make the US something different, a dictatorship like 1939 Germany. They just can’t grasp that if they get thier way, it won’t be the US any more.
Posted by: JR | June 13, 2008, 11:49 am 11:49 am
Don’t the five majority justices understand the Constitution they swore to uphold? The Constitution applies ONLY to citizens of the USA. Besides, these prisoners are actually spies and should have been executed as such. They were not wearing uniforms of known enemies. No one had a problem keeping German POWs in prison until the war was over. I know, because there was a POW prison in my home town. How they were treated I have no idea, but certainly better that USA prisoners were treated by Japan and Germany. By the way, none
of these enemy terrorists were beheaded
on camera by our troops. Can’t say the same for those unfortunate enough to be caught captured by terrorists, those peace loving Muslims.
Posted by: Rob Rou | June 13, 2008, 12:09 pm 12:09 pm
The Constitution applies to ALL people on US territory, nbot just citizens and Gitmo is US territory. They weren’t waering uniforms because they aren’t a notional army with uniforms. You people keep dragging up World War II analogies that don’t apply. From your post Rob Rou, I assume you would like to see them beheaded on TV, is that what your saying? Get a grip.
Posted by: JR | June 13, 2008, 12:23 pm 12:23 pm
Wow, sorry for the mis-spellings, I got excited. But really, why do so many people want us to act like our enemies?
Posted by: JR | June 13, 2008, 12:25 pm 12:25 pm
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Whether you care about these words in our Declaration of Independence is your concern. I do, and I still believe most Americans do as well. Detaining prisoners, combatants, or whatever you want to call them indefinitely does not seem consistent with American ideals.
Posted by: MIguy | June 13, 2008, 1:14 pm 1:14 pm
I am very happy to see this ruling. You can’t hold someone forever if these people did something wrong bring them to trial. Then punish them accrdingly.
How can we spred freedom if we have Saddam Hussein style prison camps?
Posted by: Joe | June 13, 2008, 1:16 pm 1:16 pm
The ruling, although well-intentioned, will unfortunately lead to more death on the battlefield and lessens our ability to gather intelligence to save lives here. It is a psychological band-aid for generations who refuse to accept evil in the world other than America.
Posted by: Paul | June 13, 2008, 2:06 pm 2:06 pm
There was no evil in the world when our Constitution was framed, right? Sorry, our nation has faced evil from within and without since its existence and before.
Posted by: MIguy | June 13, 2008, 4:39 pm 4:39 pm
It’s not “acceptance of evil” to want to follow our laws. Unless you mean acceptance as in “becoming evil” ourselves.
Posted by: JR | June 13, 2008, 4:48 pm 4:48 pm
This ruling is proof that American sentiment is shifting from being fear driven back to that of the country which pioneered the idea of liberty and justice for all.
Posted by: Whiteypants | June 13, 2008, 8:42 pm 8:42 pm
As a person who has lived in so many different places I was actually surprised with the political mentality when it came to this issue. What happened to “all human beings are created equal”? Does this only apply to the americans citizens or does it actually apply to all the human beings? I think that the country just need to revise the foreign policies before this country finds itself being the enemy of everyone around the world
Posted by: AMA | June 13, 2008, 10:05 pm 10:05 pm
i agree with Justice Kennedy
Posted by: kawsar | June 13, 2008, 10:07 pm 10:07 pm
The Court was right.
Gitmo is a disgrace and embarassment.
Posted by: Peter Donhowe | June 13, 2008, 10:42 pm 10:42 pm
i love ur comment ritgar you are on the point
Posted by: kawsar | June 13, 2008, 10:42 pm 10:42 pm
I have to agree with Ron B and Justice Scalia. They are military prisoners and should be dealt with by the military court and with military law.They are war criminals . They are not U.S. citizens and don’t ,and shouldn’t, have the rights.of U.S. citizens. The U.S.court has overstepped it’s boundaries.Boundaries being they are a U.S.court, not a world court.
Posted by: Jan | June 14, 2008, 12:44 am 12:44 am
Viet Nam was never a “declared” war but we sure had alot of POW’s .
Posted by: joan | June 14, 2008, 1:25 am 1:25 am
If Scalia has his way, the Chief Justice will be renamed to the Grand Inquistor.
Real Republicans should wince at the idea that we would want our government to be able to hold anyone indefinitely without the ability to question their confinement. If they are “criminals” then put up or shut up; show the evidence to a judge. Honest men do not fear the light of day; rats do.
Posted by: MIguy | June 14, 2008, 9:39 am 9:39 am
I agree with the Supreme Court’s ruling on this issue. Not until these “detainees” are brought to court will there be a definite ruling as to their guilt. We are a nation of laws. After the Gitmo fiasco and the lies leading us into this mess, any citizen who is a respecter of justice would want these individuals tried in a court of law. Our system of justice and our Constitution is not predicated on the behavior(s) of other countries. We should not deem these detainees “guilty” because of their culture and other biases as noted in some postings.
Posted by: Patsy | June 17, 2008, 2:43 am 2:43 am
These are mass murderers and psychopaths that do not deserve the title of P.O.W. These are not military combatants and they have no regard for human life. They deserve on to be treated as they treat others. And if it weren’t for this countries completely twisted liberal demise they would get what they deserve not just a slap on the hand and an invitation to return and blow us up!
Posted by: T.D. | June 17, 2008, 3:54 am 3:54 am
They deserve only to be treated as they treat others. My mistake!
Posted by: T.D. | June 17, 2008, 3:55 am 3:55 am
The United States of America is supposed to stand for something, and we take pride in our Constitution and Bill of Rights. These documents along with the Declaration of Independence are the definition and backbone of what our country SHOULD strive to uphold and embody. Side stepping, ignoring, or flat out denying these governing articles and acting outside of their stated policies is Un-American and hypocritical. If we do not act in accordance with our own laws how can we claim to uphold “liberty and justice for all?”
Posted by: Robert | June 17, 2008, 3:43 pm 3:43 pm
They should have military trials, and from what I hear, that’s what Congress wanted, by and large. A new law may be drafted that would make the SCOTUS ruling irrelevant.
More Americans will die because instead of capturing prisoners, we will kill them and lose their information, which could save lives.
People who want to destroy us to not enjoy the rights of U.S. citizens. Where do you people get some of your nutty ideas?
Posted by: tanarg | July 3, 2008, 12:24 am 12:24 am
To those who think these prisoners are not entitled to habeas corpus, I suggest you read the Constitution, the Geneva Conventions, and look more closely into the law before letting your emotions get the worst of you. The Supreme Court definitely got it right.
Posted by: Raven Woman | July 15, 2008, 6:47 am 6:47 am