Tim Reid in Washington
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President Bush's controversial military trial system for terrorist suspects held at Guantanamo Bay was dealt a potentially terminal blow by the US Supreme Court yesterday.
In its third rebuke of the Administration's treatment of prisoners at Guantanamo Bay, the court ruled that the 270 foreign suspects have the right under the US Constitution to challenge their detention in civilian courts on the American mainland.
The 5-4 ruling did not order the military tribunal process to be halted but by giving the detainees - many held without charge for more than six years - the right to be heard by a federal judge, it could trigger a rush to civilian courts that, in practical terms, will leave the question of what to do with men such as Khalid Sheikh Mohammed, the alleged mastermind of 9/11, in the hands of the next president.
Barack Obama, the Democratic nominee, has pledged to close down the facility and opposes the military tribunals. John McCain, his Republican opponent, also wants Guantanamo Bay closed.
Unlike Mr Obama, the Arizona senator supported a law rushed through Congress in 2006 by Mr Bush to resurrect the military tribunal system after the Supreme Court last ruled it unconstitutional.
That law, the Military Commissions Act, was passed when Republicans controlled the House and Senate and was the legislation declared unconstitutional yesterday because it denied the detainees the right of habeas corpus - the ability to ask a court if one is being held illegally.
Democrats are now in the supremacy in both chambers and Mr Bush will be hard pressed to get Congress to circumvent the Supreme Court again.
Speaking from Rome, he said that he did not agree with the decision and would consider new legislation to overcome it. "I strongly agree with those who dissented," he said. “Their dissent was based on serious concerns about US national security."
The head of the New York-based Centre for Constitutional Rights, which represents dozens of prisoners at Guantanamo, welcomed the ruling.
“The Supreme Court has finally brought an end to one of our nation's most egregious injustices," its executive director, Vincent Warren, said. “By granting the writ of habeas corpus, the Supreme Court recognises a rule of law established hundreds of years ago and essential to American jurisprudence since our nation's founding."
Five alleged plotters of the September 11, 2001, attacks, including Mr Mohammed, appeared in a Guantanamo courtroom last week for a pretrial hearing. Prosecutors hope to begin trying them on September 15. The future of those trials have now been thrown into doubt by this latest ruling.
Nearly seven years after Mr Bush set up the tribunals, arguing that the detainees had no rights, not one trial has taken place. A military judge at Guantanamo postponed the trial of Osama bin Laden's former driver, due to start last week, pending yesterday's Supreme Court ruling.
The court's liberal justices were in the majority, with Justice Anthony Kennedy pivotal. Writing for the court, he said: "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."
He said the system that the Administration had put in place after previous Supreme Court rulings to classify them as enemy combatants, and to review their status, was inadequate.
The court's four conservative justices dissented. Antonin Scalia said that America was at war with radical Islamists and that the decision “will make the war harder on us. It will almost certainly cause more Americans to be killed."
Commander Jeffrey Gordon, a Pentagon spokesman, said that he had no immediate information on whether a hearing at Guantanamo for a Canadian charged with killing a US special forces soldier in Afghanistan would go ahead next week. Omar Khadr is one of 19 detainees so far facing the first US military war-crimes trials since the Second World War.
Processing the hundreds of detainees through the US federal court system could take years. Many of the detainees' home countries, including Saudi Arabia, Jordan and Egypt, are opposed to taking them back.
Inside the camp
-775 detainees have been held in Guantanamo, about 420 of whom have been released without charge
-David Hicks, an Australian, is the only one to have been sentenced at Guantanamo after pleading guilty in a deal that allowed him to serve out the remaining nine months of his sentence at home
-The US has reported more than 40 suicide attempts among prisoners since the camp opened, with 23 attempting suicide in one ten-day period in 2003
-In May the Pentagon claimed that 36 former inmates were “confirmed or suspected of having returned to terrorism"
Sources: Times database; BBC
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simply put the we the people need to stand up against such demeaning and unglorified policies and actions. do not be scared of letting your voice to be heard. get up stand up and stand for your rights!
Elie, Austin, Texas, USA
It was only 48 years ago these same kinds of people were KILLING members of their own society, based on colour, today they are killing brown people because they have oil. Now they say how dare you, object to being invaded, you are a Terrorist. God is not asleep.
Daphne Kenward, Cambridge, UK
As a nation, we are perfect.
Don't take my word for it - read our history books. We won all our wars and invented everything in the world today.
So if we say that someone needs killing, who are the rest of the world to ague? Stop it, or we might decide that another country needs liberating!
Randy L Hickenbacker, Little Bend, USA
America demeans itself and mimics those it would call its enemies by detaining without trial, torturing and waging permanent war.
This is all the Republicans have to offer the world, death, destruction and negativity.
Owen, London, UK
"those who seek to destroy democracy are not entitled to the protection that it affords"
wrong!
those who seek to promote democracy should afford the protection it affords to others.
Mike S, London,
This is a Disasterous decision. Now the Hundreds of Thousands of POWs held at American bases during WW2 would have had the right to a Civilian Trial in the USA. During the War of 1812 many of the founders were still alive. Can anyone show me one British POW who was given a civilian trial?
Dennis , New Jersey , USA
It is unbelievable that human beings deny others their unalienable right to a plea Habeas corpus . Remember the Magna Carta ? Hoorah for Justice - Down with the brute tyrannical mindset that has tainted of the US Executive Branch of Govt ! This Court ruling is a return to civility and order
Jay E Garth Jr, Huntington, USA
I see far too many comments saying "these people do not deserve a trial". That makes the huge assumption that the US government is always infallibly right when it says someone is a terrorist. Also that no agent of the government would ever deliberately frame someone they don't like the look of.
Tom Welsh, Basingstoke,
The Supreme Court should blame itself for these people being held for six years.The Administration followed the relevant precedent cases from WWII and the Court reversed itself and said "not good enough". Then the Congress changed the law to meet the Court's ruling. Now they reverse themselves again
Kent Webb, Grand Island, USA/New York
If 400 Americans were held in the same principle, with no trial for 6 years, would Americans like the idea that their CITIZENS could be held with no trial. What you don't like don't do it to others. CSPAN interview with REV Wright said the same thing.
Daphne Kenward, Cambridge, UK
I can hardly begin to express how dangerous this ruling is to our Nations interest. I wish not just the courts but all our elected leaders would start putting the best interest of America in place of trying to seem open and fair minded. How open does ones mind have to be before your brain falls out.
Tana , Battle Ground,
An urgent task for the next US president will be to improve America's image abroad. In one way easy, because it couldn't go much lower. But to make a worthwhile improvement, the Guantanamo Bay prison will need to be closed and rendition stopped. Of course, the US could just stop interfering abroad.
Andrew Milner, Karuizawa, Japan
Thank God there is a broad definition of what a terrorist is. You can use it basically for everyone, pretend someone has weapons of mass destruction, invade them, take some oil on the way out and tell the world you have once again saved the very same. The US of A, I wonder what the A stands for!!!
Constantin, Munich, Germany
Thanks, Matt of Wyoming. Now, whenever I want to explain briefly what is wrong with the USA, I can just quote your words.
"no, you wanna know why these people have no rights? Well the main reason is. THEY AREN'T AMERICAN.... "
Tom Welsh, Basingstoke,
If people held at Guantanamo Bay are not enemy combatants but accused under civilian law shouldn't they be tried in the countries where they committed the illegal acts. KSM was in Pakistan for the killing of Daniel Pearl so the Pakistani courts should be trying him for that crime.
tom, New York, USA
In a true open and democratic society, justice must be fair, transparent and applied equally to all. Closed trials are anything but. This decision is shows that some in America still uphold that basic right.
Ron, Milton Keynes, UK
What on earth are people saying here?? There's no argument, no discussion, if western nations want to take this highground in this battle we're fighting, you abide by the rule of law. And yes, that means according full legal rights to terrorists.
That's what makes you better than them, remember?
Owen, London, UK
those who seek to destroy democracy are not entitled to the protection that it affords.
damien, sydney, oz
Anybody who says these guys are being mistreated is nuts, look at what they do to our captured, they chop of our boys heads and desicrate thier bodies beyond recoginition and when they are not doing that they are flying planes into our buildings so whose really been mistreated here.
Bryan, Richmond, TX, USA
In reply to Harold Levine in N.Y. it doesn't stop there. The government here wants an I.D. card system to rival North Korea. We'll be the most spied upon nation on Earth. Oh well, I could always move to a free country like, say, China.
Nick, Sale, England
The writers of the constitution as well as the document itself espouses certain fundamental rights, such as life, liberty, and the pursuit of happiness. Fundamental rights belong to all human beings, not just American citizens. Our constitution demands this verdict from the Supreme court.
Alex, Wichita KS,
The US is claiming the right to try them under US law in US courts (military or otherwise). Therefore, the US Constitution must apply. Any American who argues otherwise needs to go back to Civics class because you have, to paraphrase one of our best authors, "forgotten the face of your Fathers".
Alistair, Sacramento CA, USA
Habeas corpus: court order that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful - a basic individual right against arbitrary arrest & imprisonment. What is the US defending if not the rule of law under the Constitution? Yay to the Sup. Ct!
Jean, McLean, VA, USA
Drop 775 US senators into Guantanamo for 7 years with all of it's torture, manifest breaches of Geneva and basic human rights and regardless of their pacifism, religion or background, I reckon at least 36 of them would become terrorists afterwards!
No surprise in those statistics then.
Dale, Australia,
Am I missing something here..... why is the simple idea of a fair trial so scary to everyone? Has life been overly fair to these fine folks?
Rachel , Philadelphia , USA
To: Jeff, San Jose, USA
Your missing the point jeff. no one is suggesting setting KSM free. he should be tried in a civilian court along all other Gitmo detainees. Those found guilty will be sentenced, those being held with no proof of wrong doing will be freed. lets not become what we despise.
jay, herndon, US
It is the high water mark of the assault upon our Constitution by a very desperate Presidency. As with Cromwell they have now stayed too long and with the election, time to go taking along the desired heir McCain.
Bill Keller, BASKING RIDGE, USA/New Jersey
Its nice to see some of the effects of the Cheney-Bush coup being slowly wound back. One day America will be able to hold its head high again amidst freedom loving nations.
John, Springfield,
Gee,I wonder how family members of 911& the 2005 London attacks feel about this ruling? Rights? constitution?
HELLO-- These animals want to eliminate anybody who disagrees w/ RADICAL Islam. We're at war & until the war is over, you do not release sworn enemies. When did Al Queda surrender?
John Krumpter, Monument, CO , USA
Why do the americans insist on calling guantanamo a military prison when in reality its a concentration camp.
Frank, Sydney , Australia
no, you wanna know why these people have no rights? Well the main reason is. THEY AREN'T AMERICAN.... The UNITED STATES constitution is what they are going by, Since when were any of those people in Guantanamo Bay AMERICAN CITIZENS! They AREN'T!!!
Matt, Wyoming, MI, USA
This is indeed a great ruling and the first step for the USA towards and coming back into line with the "civilised" world. Unfortunately Gitmo is just the tip of the iceberg. BBC documents over 24,000 people being held without due process in American gaols across the world including prison ships.
Mark, Brisbane, Australia
I keep reading comments arguing that the detainees are "terrorists who deserve what they get"... that these people don't deserve a fair trial because they are somehow sub-human.
But how many of these people are innocent? How many were simply caught in the wrong place at the wrong time?
Jim, Sydney, Australia
If they are indeed murderers then they will be found guilty and sentenced in a US court, plus the US gets to stick to the principles of the founding fathers. I don't see what the problem is.
Catherine, Atlanta, US
You write that the Supreme Court stated in its Report: "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."
For 'Constitution', read 'Magna Carta'.
Geoff Riggs, Chepstow, South Wales
Wrong guys! as terrorists, these grubs do not have the rights as ordinary citizens. It is easy to see how more innocent lives will be lost with this decision. It is a different world today. The fairy concept that all must have equal rights is not applicable when dealing with terrorists.
Phil Long, Gold Coast, Australia
I'm just here cause I like to see how the liberals try to talk to people like they themselves are so enlightened and worldy and smart and how everyone else is ignorant. Maybe I should be watching more Michael Moore and Rosie O'Donnell, cause they know the REAL facts about Gitmo and terrorists.
Rob, Camp Pendleton, USA
USA has always been a great country, if not the best, this desicion prove it, once again the american democracy, constitution and division of power prove to be the most eficient way of soceity in the world. this is a grreat day for america, and the begining of the healing of this country.
Ernesto, Caracas, Venezuela
I am not sure how giving the right of trial will cause more of us to be killed. Perhaps Scalia wants to do away with the right of trial by jury as it too has the same potential.
William Johns, los angeles, usa
While I agree something needed to be done and I support the court's decision as it was clearly the right one it really makes you wonder what will happen in civilian courts. How can these detainees ever get a fair trial when they have been held in a prison camp for up to 7 years?
CD, Las Vegas,
Our civilian legal system worked just fine when Omar Abdel-Rahman (The Blind Cleric) was tried, convicted and sentenced to life in prison. I suspect the military doesn't have suffient evidence to hold, try and/or convict these individuals. Scalia is little more then a political operative.
jay, herndon, US
Finally a show of support for the founding constitution of our once great nation. Its been horrifying to witness the deterioration of our constitutional rights under Bush's watch and its right time that the American people begin to wake up from the slumber of a post 9/11 elitist agenda.
Harlan, Taos, USE
'i do not feel that our rights should be given to aliens' ..justin, oregan city. aliens?! are you for real? i wonder how you would react if a bunch of your country men were kidknapped, tortured, then held without charge or trial for years? no doubt you would be bleating on about human rights then!
dr smt, leeds, england
KSM admits to planning the 9/11 attacks, and admits to cutting the head off Daniel Pearl. What more needs to be said?? George W. should dismiss KSM's tribunal and have him face a firing squad just prior to leaving office. These murderers have no rights.
Jeff, San Jose, USA
What is happening in this country? It appears to me that the courts, including the U.S. Supreme Court and the U.S. Congress are no longer serving the citizens of this country!
Glen Schelin, Stafford,VA, USA
It's shocking that 4 justices would vote to throw away the basis of civilized law. Without habeas corpus, despots like Bush could target and execute anyone, any time, without evidence. Some posting here think they should all be executed without trial. That shows a disturbing level of ignorance.
Scott Lahteine, Northampton, MA, USA
Look on the bright side, We can be like Iran's leader,60 years from and say Guantanamo never happened.
Lewis Stevenson, Prince George, USA
Chief Justice Roberts has proven that he is not a jurist but another Republican political hack. Rather than discussing the issues of law and reason he chose instead to accuse the majority of "judicial activism". A person worthy of Chief Justice should be above the petty political fray.
don, seattle, US
Just set all the detainees free, they are just misunderstood anyway. Then when one of them blows himself up at a crowded market or sets off a nuclear device, then ask officials why such a person wasn't incarcerated in the first place...
Ray, El Paso,
Barack Obama's campaign slogan claims "Change we can believe in."
Barack Obama wants us to change our policies instead of wanting Iraq, Iran, Syria and Palestine to change their policies, and that is change we can not believe in.
Dan Wilson, NY, USA
If you prefer a country which has given up a substantial portion of their civil rights for "increased security against terrorism" you should just move to Great Britain! Video cameras everywhere, the government watching your every move and terror suspects held up to 42 days without charges!
Harold Levine, New York, NY
The Supreme Court got it wrong as it has before in this country. Legislation should guide the implementation of military prisons, and the executive should have a lot to say about it...I don't care for the supreme court on this one.
JD, Honolulu, USA
How many Israelis are in Gitmo? I bet none, even though 200 of their spies were arrested in the US immediately after 9/11. Some lived across the street from Atta in Hollywood Fl. This war on terror is a complete lie, and I feel pity for Americans who believe it.
Jack Wilson, Boston, USA
Next step, they qualify for entitlements.
Maybe the Supreme 9's should read or reread the "The Risa and Fall of the Roman Empire."
Robert, Princeton,
Have those of you opposed to this ruling completely lost leave of your senses? The argument that these are terrorists and do not deserve a fair "liberal" trial is completely circular. You have to prove they are terrorists in a trial first Or has logical thought an anti-American lefty ideal??
Asitha Rodrigo, London, United Kingdom
Please remember that not all these men are guilty, in fact i would be willing to bet the majority of them are innocent, and have been tortured into submission.
Six years of hell and i would admit to seeing fairies and Bin Laden!
This place is sick, and we should all be ashamed it exists.
Sophie, London, UK
It is a well known fact that 89.7 percent of all statistics are completely fabricated.
--I bet 90% of american citizens have never read the constitution since they graduated highschool. And out of the 10% that did 7% propably never knew what Habeus Corpus was anyway. - Daniel Carlisle
Paul Franklin, Pinckney, MI,
Didn't we hang a lot of people at the end of WW11 who did less than these people did???
Rod, Lake, USA
This country is going to hell. Citizens should over rule the supreme court and run the liberal justices out of town. This ruling is so ridiculous that it defies common sense.
Don, Wildwood, U.S.
Under the Geneva Convention, enemy combatants captured out of uniform can be summarily executed, a provision I propose we begin implementing immediately. So far there have 37 documented cases of released GB detainees returning to the battle field. SCOTUS should leave the war fighting to the generals
Jeff, Santa Rosa, USA
Michael , what was Benji talking about. What essential liberty is going to be lost by American's ? How would does the self confessed leader of the destruction of the towers fall under the "temporary safety" Benji mentioned ? I mean do you consider these Muslim Extremist a temporary threat?
Brewerhaus, Saint Louis, USA
KS Mohammed was North Carolina educated engineer embittered in the 1980s when the mujahaddin fighting against the Soviets were double-crossed and executed by American drug dealers and U.S. supported North Alliance warlords. He was a coordinator, the masterminds - A group of Egyptian-Germans.
Robert Macarthur, Cambridge, USA
One reader writes "anyone who agrees with this ruling needs to be deported"? Scary that we have people in this country who want to make it a crime to AGREE with a court ruling that upholds the rights we hold dear.
Richard Gottlieb, Chicago, USA
It shocks me that 4 justices on the Supreme Court are arguing against the very foundation of civilized law. Habeas Corpus must apply to everyone - without exception - regardless of the nature of the charges. Without it, despots like Bush could target and execute anyone without any proof at all.
Scott Lahteine, Northampton MA, USA
Doesn't common sense ever have to enter into the law these days? Leaving aside that this ruling is against legal precedent and against the Geneva Convention, can we afford a situation which only liberals and out-of-work lawyers could love? We, the People, will be footing the bill.
Annette, Downers Grove, USA
Hello, I would just love to know whcih judges voted which way? No way to find that out.
Thank You
C, Las, US
Why should anybody who isn't an American citizen or has ever been in the United States be protected by the United States Constitution? In fact, these very people stand AGAINST the US Constitution and all it stands for. I think Bill Clinton should be ashamed that we have an impotent Supreme Court.
Charlie Rand, Washington, DC, USA
This is part of the slow death of this country. The people that make these foolish choices have no idea who they are dealing with, fools, and we are at risk for it.........
adrian, Anaheim Hills, USA
This is perhaps one of the best rulings to come out of the Supreme Court in recent years. Justice Kennedy is right - our rights, the rights of ALL people, are meant to survive no matter what. This ruling in no way compromises national security. This will save our rights and protect our lives.
Dayne Linford, Ogden, Utah,
If you don't like this feel good liberal society we live in, then don't like in a democratic republic. This country is founded on these "feel good" ideals of representation, individual rights, and concrete laws - even when that is inconvenient. Sorry, but that's what America is.
Josh, Edmonds, USA
I guess Scalia's "Originalism" jurisprudence doesn't include the protection the Great Writ is afforded by Article I of the Constitution. Very convenient philosophy.
McStowy, Beltsville,
I am very pleased to see the stirrings of disquiet against the terrible occurrences at Guantanamo. This, though, is no where near enough.
Also, it's spelt "habeas corpus" not "habeus corpus."
Zack S, New York, USA
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. --That to secure these rights, Governments are instituted among Men. . .
Ron, American Fork, USA
Elaine, do you really believe that the Constitution Of The United States Of America pertains to people who are not citizens of the U. S.? Do you think that this is what our fore fathers wanted?
Joe Christopher, Richmond,
There are those who believe that we may have to destroy 'America' to save it. Where "America" equals the 'land of the free and the home of the brave'. But then, don't the terrorist win?
Perry Wynn, Philadelphia, USA
Everyone needs to remember that those thugs are NOT American citizens, and therefore NOT entitle to our Constitutional rights...in fact they are more like foreign soldiers out of uniform fighting on behalf of an ideology bend on our destruction!
Have many of you forgotten that?
This is incredible!
Luis, Union City, USA
To Sammy, victorville: How do you know these people deserve to be held? Have you seen any evidence suggesting they are a threat to this or any country? You have blind faith in your government? Since when is denying people basic human rights patriotism? Take then to civilian court and prove your case
jay, herndon, US
If you are sick of this feel good liberal society we live in, then perhaps YOU should go live in Afganistan. Because in this society, we believe in the rule of law, beginning with the Constitution. Educate yourself on the facts of Guantanamo before you criticize the "liberals" in this society.
David Smith, San Marcos, TX, USA
I suppose that FDR and Abraham Lincoln didn't deserve liberty either. Check history Woodrow Wilson closed entire newspaper companies because they didn't agree with him in violation of the First Amendment. Abe Lincoln deported American citizens for opposing him.
Daniel, Carlisle, USA
When in Rome....do as Romans do.
Until we take a stand...we get what we deserve and the individual gets catered to. One day if we do not perish first ,we might wake up.
Oh how history repeats itself....we never learn.
gerry, mill valley, usa
The most notable of the critics of the Supreme Court rulings, all three, which unmask the Bush bypass of the U.S. Constitution, are persons who have never served a day defending it or bothered to even read and understand it. Thank God Bush did not get another Supreme Court Justice like Scalia.
Peter Altmeyer, Palm Harbor, USA
Finally, some true Americans....Thanks Chris and Johnathan
Joe Christopher, Richmond,
1st comment: "anyone who supports this ruling should be deported to Afghanistan." Interesting, considering the Taliban ran things like we do at Guantanamo. Those who believe no rules should apply with detainees who would feel right at home under Afghan tribal lords or Saddam's Iraq.
Mark, Kansas City MO, USA
Of course prosecuting them in civilian court would have taken years, but hell they've been locked up down there for seven. I'm sure the civilian court trials would be over by now and has no legal black holes.
I wish Scalia could elaborate on his Rovian Logic.
Ralph Jones, Los Angeles, USA
Our radical Muslum enemies know they are at war with us. It is hard to win a war when we all don't know we are at war. I wish somehow those who think you can negotiate a peace with them could do that for their own freedom but not mine. Our soldiers must wonder whose side some Americans are on.
Tom Rogstad, Austin, USA
Funny how the "strict constructionalists" loosen up on their views when they deem it convenient. The Constitution says what it says. We won WWII without trampling on it the way this administration has. We'll survive these "extraordinary times" by sticking to our values as well.
Tim, Key West, USA
Scalia laments that from now on some substantial evidence will now be required to support the confinement of the accused. Well well, welcome to the 21st century, Mr. Scalia. That's how it is supposed to work.
Dave Lindsey, Charlotte, USA
Oh and by the way the Constitution is not being upheld by anyone. Infact I bet 90% of american citizens have never read the constitution since they graduated highschool. And out of the 10% that did 7% propably never knew what Habeus Corpus was anyway.
Daniel, Carlisle, USA
We who agree with this ruling love America and see this as a day of hope for the restoration of American ideals. We believe that our Constitution is enduring, and not to be subverted in times of crisis or fear. As we try to spread liberty around the world, it is important that we retain it at home.
Mary, St George, UT, USA
In a country that was founded and bound by the constitutional law, Great victory for the courts.
natty, Manhattan, Tribeca
"We really don't have any evidence of this short the fact that he's proud of it, and admits it openly to anybody who asks."
I hope you read that somewhere else other than WH's memos, similar to the ones that "found" WMD's in Irak. There are people who admit proudly they're Napoleon Bonaparte.
s. t., colo springs, usa
This is a victory for those who believe in the judicial system. The law cannot be circumvented by fear, everyone deserves the same due process. The system is set up to bring justice for all, while the system may not be perfect, its intention is to serve everyone and everyone fairly.
Melissa Miller, Santa Barbara,
"These men are not Americans and they fight to destroy everything that our Constitution protects. These men do not deserve the protection of the United States Constitution."
Once you agree that not all men and women are created equal (ref: The US Declaration of Independence), you fail.
John Brow, Shoreline, Washington, United States
"Anyone who agrees with this ruling needs to be deported to Afganistan....I am so sick of this feel good liberal society we live in."
Joe Christopher, Richmond,
Perhaps those unable to accept the United States constitution and its rule of law should think of deporting thier sickness.
Sean J. McCaffrey, Aberdeen WA,
Can someone point me to Joe's "feel good liberal society we live in"?
Take a left? Oh, ok, thank you!
Will do.
K, Greenwich, US
Everybody deserves a fair trial; we should be the shining example to the world. Otherwise we will be no different and we will fall. Feel good I dont think so this is just common sense; these tribunals give way too much power to the governement look at how they botched Iraq how can we trust them?
Herb Simon, New York, USA
A "feel good liberal society" does not have 47 million with no health insurance at all; the world's lowest tax rate for the super- rich; and no safety net beyond 13 weeks for less than half the truly unemployed. True neos-cons can always move to Zimbabwe--there's no "feel good" factor at all.
Alexander Prisant, Barcelona, Spain
Terrorists are different than other people. That won't hold up in court, and that enforcing the Bush's law makes us look bad to the world. But granting terrorists the media coverage that will follow public trials;an interview with Barbara Walters is more than terrorists would have asked for.
Matt, Athens, GA, US
Sammy and Joe: Why don't you move to Afganistan for 6 or 7 years, then decide whether it's a good idea to uphold the constitution of the United States under all circumstances?
Ann, New Braunfels, USA
JUSTICE DELAYED IS JUSTICE DENIED.
Until we have not proved that these people are *terrorist* (seem to be lingo these days) these people are innocent. What if my brother, son, parent is detained that way. I agree with SC decision. Let peace and justice prevail.
God bless america.
Stephen, Troy, MI, USA
And, anyone who feels that it is ok to lock people up without any due process should, themselves, move to Afghanistan and kiss your civil liberties goodbye. If the US has a case, make the case and get on with it.
John Merslich, Olympia,
America is based on the rule of law, not the will of a king. Those who are opposed to the rule of law are anti-America. If you want to live in a country where the will of the ruler overides the law, there are places you can go.
I believe in America and I believe I am protected by its laws.
Ben Rush, Carlisle, PA,
The Supreme Court is not last because it's right. It's right because it's last. Stare decisis was so critical during the questioning of Chief Justice Roberts and Justice Alito. Stare decisis should have applied in this case, but the leftist justices ignore it when it fits their view of the world.
Jeff, California, MD, USA
Freedom is the winner today
Andre, Geneva, USA
Who pays for the trials? We do. Deport them back to their country... oh wait, they don't want them either. Send them anywhere but not here.
Emma Smith, chico, usa
How do POW's have the same constitutional and civil rights as an American. I do not agree with the supreme courts on this issue. I do not feel that our rights should be given to aliens.
Justin, Oregon City, USA
Scalia proceeds from the Bush-neocon agenda. He needs to ignore these important but in the long run secondary considerations. Rather, his job is to make sure the Constitution is in force. Scalia, get back on task or get out!
manoa makaainana, honolulu,
They are going on a wild goose chase, Bin Laden's driver on trial, for what?? just cause he drove for Bin Lden and got paid for his job, does not mean he's guilty of anything. That's nonsense. More US troops are guilty of crimes in Afghanistan and in Iraq.
Jerry Townsend, New york, USA
As a veteran of the Vietnam war, I feel that the current administration is treating the people at Guantanamo Bay just like some countries did during WW2. Furthermore they are being treated like the American soldiers that we left behind in Vietnam. We should live up to the Geneva convention,.
Roger, Sun Prairie, USA
Even the worst criminal in the world, who has committed the most heinous acts imaginable, should have a right to defend himself in court. To allow him anything less shows a lack of faith in the legal system, which is one of the pillars of a true democratic society.
Lester Gesteland, Metuchen, NJ, USA
even bush and cheney deserve a fair trial
Steve Davis, Arlington, usa
This will make the job easier for the soldier in the field. Bullets are cheaper than trials. Our commanders will be more likely to allow battlefield executions if they know the legal system is going to undermine their mission.
Chris, Kansas City, MO, USA
The US constitution establishes a system of 'checks and balances' among the three branches of government (Executive, Legislative and Judiciary).
The Supreme Court's 'Guantanamo Ruling' reinforces the necessity of maintaining the established system of 'checks and balances'.
John Charles Webb, Jr., Maui, Hawaii, USA
Terrorists should be executed as soon as they are relieved of any potentially useful information. Providing them access to the media just enhances their hateful works and prolongs the suffering of their victims.
No group should be forced to suffer such insult after injury.
This is torture. On US
Jonathan, Jacksonville, NC, USA
What really gets me is that during a hearing prior to Khalid Sheikh Mohammed's hearings he was told not do discuss "classified information" Such as the details of his imprisonment and details of his torture and who knows whatever else. I find this so sad the whole thing. Now he seeks martyrdom...
atraylen, Wisconsin, United States of America
How about Khalid Sheikh Mohammed as the source? He's said he was the mastermind behind the attacks.
Michael, starkville,MS, usa
These men are not Americans and they fight to destroy everything that our Constitution protects. These men do not deserve the protection of the United States Constitution.
Sammy, victorville, CA, USA
It's about time the constitution is finally being upheld. Maybe Mr. Bush and his whole family should be placed at Gauntanamo and left in limbo indefinitely. He could be water boarded during interrogation's and then tried as a war criminal!
Elaine, Wallingford, USA
Anyone who agrees with this ruling needs to be deported to Afganistan....I am so sick of this feel good liberal society we live in.
Joe Christopher, Richmond,
I think once this chapter of America is behind us and it looked back by future generations, it will be considered one of the biggest travesties in American history. It'll be compared to the Japanese-American concentration camps during World War 2.
Ramon Escamilla, San Antonio, Tx,
"Khalid Sheikh Mohammed, the September 11 mastermind" Can you point me toward any evidence of this?
We really don't have any evidence of this short the fact that he's proud of it, and admits it openly to anybody who asks.
Rob Stoddard, San Diego, USA
Scalia said, this "will make the war harder on us. It will almost certainly cause more Americans to be killed."
Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety--Benjamin Franklin
Of course, Scalia doesn't believe in liberty.
Michael Sheridan, Sacramento, California, USA
"Khalid Sheikh Mohammed, the September 11 mastermind" Can you point me toward any evidence of this?
Daniel Purcell, Swansea, wales
Where potential debate exists, headline wording is extremely important, especially in sensitive issues. Proper strategy & technique are vital. Racial profiling has occurred by many organized groups in some way. That is why these individuals have the right to be heard: because they are individuals.
Patrice, Norwich CT, USA