drieuxster (drieuxster) wrote,

Hey do YOU hate the Guacamole More Than Them?

There are two interesting takes on the ongoing crisis of faith:
So the judge can refuse the request, but the law appears to state that if the SecDef says the process is halted, it's halted. “It’s not like a regular Article III court, it’s in the executive branch, it’s controlled by the president,” according to the Center for American Progress' Ken Gude. “The judges aren’t independent.” Which is why so many people objected to this process in the first place.

Still, the Brennan Center's Emily Berman isn't so sure that Judge Pohl doesn't have the authority to do what he's doing. She says it's strange that the Obama administration would direct prosecutors to "file the request with the judge if it wasn’t up to him to decide." But she adds that "even if he has discretion on whether or not to suspend the proceedings, the [administration] has other ways of stopping them," namely by temporarily dropping the charges. But doing so doesn't mean Nashiri will be released, since he's still defined as an enemy combatant pending the administration's review of the Gitmo cases and the institution of a new approach to trying detainees, which means he can be held as long as the AUMF is in effect.

For more fun see also Military Commission Judge Defies Executive Order ]

Talk about taking care of the issues....

I am having way too much fun with the main line of legal argumentation I have been putting forward, which gosh, doesn't get to change merely because the civilians opted to add a Peace President to the War President...

Ah yes...

Should the CIC be allowed to dictate the rulings of courts?

Or is there a problem here that the so called commissions are going to be as messy to wind down as they were an excuse to start up...

Since, gosh, we will need to be as lawful in the tear down... so that we make it clear that any of those who were engaged in illegal conduct will be prosecuted...

HUM... what if the central problem with 'Great Leader Swims the Yellow Sea and Denounces the Anti-State Agents Of Unbelief' - well, worked better for the Maoist Kult of Personality folks, you know, like neocons, than it did for Republicans and those who support and defend the rule of law....
Tags: law, republican_pron, war_crimes

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