hamdan v rumsfeld significance

317 U. S. 1 L.

[6] Judge Randolph wrote the decision, and cited the following reasons for the legality of the military commissions: In addition, they ruled that the U.S. president has the constitutional authority to try Hamdan because Congress authorized such activity by statute. The Quirin defendants were charged with the following offenses: “[II.] In sum, neither of the two comity considerations underlying our decision to abstain in Councilman applies to the circumstances of this case. Commentary regarding the adoption of Common Article 3 implies that the article should be interpreted as offering broad protection.

As we explained in Councilman, abstention is not appropriate in cases in which individuals raise “ ‘substantial arguments denying the right of the military to try them at all,’ ” and in which the legal challenge “turn[s] on the status of the persons as to whom the military asserted its power.” 420 U. S., at 759 (quoting Noyd v. Bond, “(b) All rules and regulations made under this article shall be uniform insofar as practicable and shall be reported to Congress.” 70A Stat. The Quirin Court acknowledged as much when it described the President’s authority to use law-of-war military commissions as the power to “seize and subject to disciplinary measures those enemies who in their attempt to thwart or impede our military effort have violated the law of war.” 317 U. S., at 28–29 (emphasis added).

The convictions of certain high-level Nazi officials for “membership in a criminal organization” were secured pursuant to specific provisions of the Charter of the International Military Tribunal that permitted indictment of individual organization members following convictions of the organizations themselves.

“It is outside our basic scheme to condemn men without giving reasonable opportunity for preparing defense; in capital or other serious crimes to convict on ‘official documents …; affidavits; … documents or translations thereof; diaries …, photographs, motion picture films, and … newspapers” or on hearsay, once, twice or thrice removed, more particularly when the documentary evidence or some of it is prepared ex parte by the prosecuting authority and includes not only opinion but conclusions of guilt. This is so, we are told, because Congress’ failure to expressly reserve federal courts’ jurisdiction over pending cases erects a presumption against jurisdiction, and that presumption is rebutted by neither the text nor the legislative history of the DTA. The sources cited by Justice Thomas confirm as much. Second, federal courts should respect the balance that Congress struck between military preparedness and fairness to individual service members when it created “an integrated system of military courts and review procedures, a critical element of which is the Court of Military Appeals, consisting of civilian judges ‘completely removed from all military influence or persuasion … .’ ” Id., at 758 (quoting H. R. Rep. No.

, precludes pre-enforcement review of procedural rules, (2) Hamdan will be able to raise any such challenge following a “final decision” under the DTA, and (3) “there is … no basis to presume, before the trial has even commenced, that the trial will not be conducted in good faith and according to law.” Brief for Respondents 45–46, nn.

post, at 47–48 (Thomas, J., dissenting).

§6(F). The Government cites three sources that it says show otherwise. If the government has information developed by interrogation of witnesses in Afghanistan or elsewhere, it can offer such evidence in transcript form, or even as summaries of transcripts.” 344 F. Supp.

Later, Hamdan was determined as eligible for a trial orchestrated by the U.S. military commission. Two months later, counsel filed demands for charges and for a speedy trial pursuant to Article 10 of the UCMJ, 2831). It also is undisputed that Hamdan’s commission lacks jurisdiction to try him unless the charge “properly set[s] forth, not only the details of the act charged, but the circumstances conferring jurisdiction.” Id., at 842 (emphasis in original). High Contracting Parties (signatories) also must abide by all terms of the Conventions vis-À-vis one another even if one party to the conflict is a nonsignatory “Power,” and must so abide vis-À-vis the nonsignatory if “the latter accepts and applies” those terms. Likewise, the DTA cannot be read to authorize this commission. Principal among his constitutional arguments is that the Government’s preferred reading raises grave questions about Congress’ authority to impinge upon this Court’s appellate jurisdiction, particularly in habeas cases.

(2000 ed.

See Reply Brief in Support of Respondents’ Motion to Dismiss 16–17, n. 12 (“While the DTA does not expressly call for Supreme Court review of the District of Columbia Circuit’s decisions, Section 1005(e)(2) and (3) … do not remove this Court’s jurisdiction over such decisions under See Winthrop 841 (“[T]he jurisdiction of the military commission should be restricted to cases of offence consisting in overt acts, i.e., in unlawful commissions or actual attempts to commit, and not in intentions merely” (emphasis in original)). None of those cases says that the absence of an express provision reserving jurisdiction over pending cases trumps or renders irrelevant any other indications of congressional intent. This specific situation is covered by Article 3 since he is not involved in an international issue because it is not between two sovereign nations, as defined in the Geneva Convention. Whatever else might be said about the Eisentrager footnote, it does not control this case. 10 U. S. C. §801 et seq. 110 Stat. See id., at 5; id., at 31–34 (Murphy, J., dissenting). Every commission established pursuant to Commission Order No. See, e.g., J. Bentham, Introduction to the Principles of Morals and Legislation 6, 296 (J. Burns & H. Hart eds. 129, 6 U. S. T., at 3418, and this Court has read the Fourth Hague Convention of 1907 to impose “command responsibility” on military commanders for acts of their subordinates, see Yamshita, 327 U. S., at 15–16.

To demand any less would be to risk concentrating in military hands a degree of adjudicative and punitive power in excess of that contemplated either by statute or by the Constitution.

In other portions of its opinion, the court concluded that our decision in Quirin foreclosed any separation-of-powers objection to the military commission’s jurisdiction, and held that Hamdan’s trial before the contemplated commission would violate neither the UCMJ nor U. S. Armed Forces regulations intended to implement the Geneva Conventions. If that is truly all the statute does, no retroactivity problem arises because the change in the law does not “impair rights a party possessed when he acted, increase a party’s liability for past conduct, or impose new duties with respect to transactions already completed.” Landgraf, 511 U. S., at 280.6 And if a new rule has no retroactive effect, the presumption against retroactivity will not prevent its application to a case that was already pending when the new rule was enacted.

. Bickers, 34 Tex.

The Court in Lindh relied on this reasoning to conclude that certain limitations on the availability of habeas relief imposed by AEDPA applied only to cases filed after that statute’s effective date. 356, The Court of Appeals thought, and the Government asserts, that Common Article 3 does not apply to Hamdan because the conflict with al Qaeda, being “ ‘international in scope,’ ” does not qualify as a “ ‘conflict not of an international character.’ ” 415 F. 3d, at 41. Winthrop does, unsurprisingly, include “criminal conspiracies” in his list of “[c]rimes and statutory offenses cognizable by State or U. S. courts” and triable by martial law or military government commission. (citing Bruner v. United States, See War Dept., General Court Martial Order No. First, it asserts that Lindh is inapposite because “Section 1005(e)(1) and (h)(1) remove jurisdiction, while Section 1005(e)(2), (3) and (h)(2) create an exclusive review mechanism and define the nature of that review.” Reply Brief in Support of Respondents’ Motion to Dismiss 4. Together, the UCMJ, the AUMF, and the DTA at most acknowledge a general Presidential authority to convene military commissions in circumstances where justified under the “Constitution and laws,” including the law of war.

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