Hamdan v. Rumsfeld
The meme:
Let's teach Sarah Palin about the Supreme Court!
Everyone's probably heard by now of Sarah Palin, the Republican candidate for Vice President. What you may not have heard yet is that she is, as of this moment, unable to name any Supreme Court Case other than Roe v. Wade, as evidenced by Katie Couric. Seeing as how this woman could very well be our next Vice President, I say we, the People, should take an active role in our government and teach her about this hallowed institution.
Rules: Post info about ONE Supreme Court decision, modern or historic, to your LJ. Any decision, long as it's not Roe v. Wade. (She knows that one already!)
Hamdan v. Rumsfeld (No. 05-184, 2006)
Salim Ahmed Hamdan was Osama bin Laden's driver. He was captured in Afghanistan in 2001, and he was turned over to the U.S. military. In 2002, the United States transported him to Guantanamo Bay, Cuba. In 2004, he was charged with conspiracy to commit terrorism, to be tried by a military commission.
Hamdan asserted that the military commission lacks authority to try him, for two reasons:
1. Conspiracy to commit terrorism is not a violation of the law of war.
2. Military and international law demand that a defendant see and hear all evidence against him.
The Supreme Court agreed with both of Hamdan's assertions and made the following decisions:
1. The military commission is not part of the system of military courts.
2. The military commission was not explicitly authorized by Congress.
3. The military commission violates both the Uniform Code of Military Justice and the four Geneva conventions.
4. Because he cannot see all evidence against him, Hamdan already has been excluded from his own trial.
5. Hamdan is not alleged to have committed any act in any theater of war.
The original charges against Hamdan were dropped on June 5, 2007.
Let's teach Sarah Palin about the Supreme Court!
Everyone's probably heard by now of Sarah Palin, the Republican candidate for Vice President. What you may not have heard yet is that she is, as of this moment, unable to name any Supreme Court Case other than Roe v. Wade, as evidenced by Katie Couric. Seeing as how this woman could very well be our next Vice President, I say we, the People, should take an active role in our government and teach her about this hallowed institution.
Rules: Post info about ONE Supreme Court decision, modern or historic, to your LJ. Any decision, long as it's not Roe v. Wade. (She knows that one already!)
Hamdan v. Rumsfeld (No. 05-184, 2006)
Salim Ahmed Hamdan was Osama bin Laden's driver. He was captured in Afghanistan in 2001, and he was turned over to the U.S. military. In 2002, the United States transported him to Guantanamo Bay, Cuba. In 2004, he was charged with conspiracy to commit terrorism, to be tried by a military commission.
Hamdan asserted that the military commission lacks authority to try him, for two reasons:
1. Conspiracy to commit terrorism is not a violation of the law of war.
2. Military and international law demand that a defendant see and hear all evidence against him.
The Supreme Court agreed with both of Hamdan's assertions and made the following decisions:
1. The military commission is not part of the system of military courts.
2. The military commission was not explicitly authorized by Congress.
3. The military commission violates both the Uniform Code of Military Justice and the four Geneva conventions.
4. Because he cannot see all evidence against him, Hamdan already has been excluded from his own trial.
5. Hamdan is not alleged to have committed any act in any theater of war.
The original charges against Hamdan were dropped on June 5, 2007.