Supremes will hear case on military tribunals

Will Chief Justice Roberts judge himeself?

From the Los Angeles Times:
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The Supreme Court agreed today to consider a challenge to the Bush administration's military tribunals for foreign terror suspects, a major test of the government's wartime powers.

Justices will decide whether Osama bin Laden's former driver can be tried for war crimes before military officers in Guantanamo Bay, Cuba.

Chief Justice John Roberts, as an appeals court judge, joined a summer ruling against Salim Ahmed Hamdan. He did not participate in today's action, which put him in the difficult situation of sitting in judgment of one of his own rulings.

The court's intervention piles more woes on the Bush administration, which has already suffered one set of losses at the Supreme Court and has been battered by international criticism of its detention policies.

"I think it's a black eye for the Bush administration. This opens a Pandora's box," said Michael Greenberger, a Justice Department attorney in the Clinton administration and law professor at the University of Maryland.

In 2004 justices took up the first round of cases stemming from the government's war on terrorism. Justice Sandra Day O'Connor, who is retiring, wrote in one case that "a state of war is not a blank check for the president when it comes to the rights of the nation's citizens."

Arguments in the Hamdan case will be scheduled next spring, in time for O'Connor's successor to take part. Bush has named Samuel Alito, an appeals court judge, to replace her. In his lower court decisions Alito has been deferential to government.

The announcement of the court's move came shortly after President Bush, asked about reports of secret U.S. prisons in Eastern Europe for terrorism suspects, declared anew that his administration does not torture suspects.

"There's an enemy that lurks and plots and plans and wants to hurt America again," Bush said during a joint news conference in Panama City with President Martin Torrijos. "So you bet we will aggressively pursue them but we will do so under the law."

Hamdan's case brought a new issue to the court - the rights of foreigners who have been charged and face a military trial in a type of proceeding resurrected from World War II. Trials of Hamdan and three other low-level suspects were interrupted last year when a judge in Washington said the proper process had not been followed.

The men are among about 500 foreigners, many swept up in the U.S.-led war in Afghanistan, who have been held at the U.S. military prison in Cuba. The government had planned to proceed with a military trial for another foreigner, Australian David M. Hicks, with a pretrial hearing later this month, but that will likely be stalled now.

Guantanamo Bay has become a flash point for criticism of America overseas and by civil libertarians. Initially, the Bush administration refused to let the men see attorneys or challenge their imprisonment. The high court in 2004 said U.S. courts were open to filings from the men, who had been designated enemy combatants.
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