WASHINGTON -- greatest Court justices appeared troubled Tuesday by way of President Bush's plans to clutch war-crimes trials for foreigners held at Guantanamo Bay.


WASHINGTON -- greatest Court justices appeared troubled Tuesday by way of President Bush's plans to clutch war-crimes trials for foreigners held at Guantanamo Bay, Cuba.

And several pretended outraged by the government's claim that a recent law had stripped the high court of authority to hear a case brought at Salim Ahmed Hamdan, a Yemeni who one time worked as a driver for Osama bin Laden.

Hamdan has exhausted nearly four years in the U prison at Guantanamo, and the highest Court has been asked to decide if he can be state on trial with fewer legal protections before a emblem of military tribunal last used in the World War II era.

The appeal could station the stage for a landmark ruling, and the courtroom atmosphere was strained

'Blank check' forward foreigners?



"The use of military commissions to make experiment of enemy combatants has been part and parcel of the war power for 200 years," Solicitor General Paul compassionate told justices.

pair years ago the Supreme Court rul that "a state of war is not a blank check for the president when it results to the rights of the nation's citizens."

Hamdan's lawyer, Neal Katyal, told justices that the Bush administration acts like it has a "blank check" to do what it wants with foreigners held at Guantanamo Bay.

centurys of people suspected of ties to al-Qaida and the Taliban have been swept up by dint of the U.S. military and privately shipped to the prison since 2002

At first, the Bush administration would not permit detainees see lawyers or notify family where they were, and interrogators used aggressive strategies to come by information.

Justice Stephen Breyer said that lawyers for Hamdan, who faces a single conspiracy enumerate argue there is no unforeseen occasion to justify the special trial.

"If the president can do this, well then he can appoint up commissions to go to Toledo, and in Toledo pick up an alien and not have any trial at all take exception before that special commission," Breyer said.

Without Chief Justice John Roberts, a conservative Bush nominated last year, the argument strike one as beinged lopsided against the government. Roberts supported the Bush administration as a lower court umpire and had to withdraw from participating.

Kennedy may be elucidation

Justices Antonin Scalia and Samuel Alito gave hints that they support the administration, the two suggesting that the high court should delay a decision until after the trial is throughout

The issue of the case will likely revolve on moderate Justice Anthony M Kennedy who questioned gentle several times about the legal safeguards for the trials. It was unclear whether indulgent resolved Kennedy's concerns.

The Bush administration has tried the scuddle the case on grounds that a law passed late last year bars Guantanamo prisoners from filing petitions to fight their detentions. The administration claims this law retroactively voided centurys of lawsuits.

Justice David H Souter said it would be "stupendously significant" for Congres to retroactively conclude courts to constitutional challenges.

Justice tenderness Bader Ginsburg said "it's an extraordinary act, I think, to withdraw jurisdiction from this court in a pending case."

Hamdan, who was captured in Afghanistan in November 2001 is charged with conspiracy to commit war crimes, massacre and terrorism. He claims he worked as a driver for bin Laden simply to eke out a living for his family.

Hamdan is among about 490 foreigners held as "enemy combatants" at Guantanamo Bay.

Copyright CHICAGO SUN-TIMES 2006

Provided from ProQuest Information and Learning Company. All rights Reserved

...