THE GUANTANAMO DECISION
Military Fought to Abide by War Rules
By Julian E. Barnes, Times Staff Writer
June 30, 2006
WASHINGTON — For four years, they waged what may have been the loneliest fight in the war on terrorism. Facing Bush administration hard-liners intent on finding novel ways to deal with enemy combatants, the armed services' own lawyers fought attempts to rewrite the rules of war.
"We argued that this would come back to haunt us and it would taint the military justice system," said retired Rear Adm. Donald Guter, the Navy's top uniformed lawyer when "military commission" trials for Guantanamo Bay detainees were first proposed in 2001. "We were warning that you would have to be careful to provide basic protections."
In meeting rooms and internal debates, the military lawyers again and again challenged the Defense Department's civilian leaders, insisting that the fight against terrorism was best waged under the recognized rules: the Geneva Convention and the U.S. Uniform Code of Military Justice.
Until now, administration hawks, led by Vice President Dick Cheney and his chief of staff, David S. Addington, had won almost every argument....But after Thursday's Supreme Court decision, the Pentagon faces the prospect not only of ditching the military commissions, but of rewriting large parts of the rule book it created for fighting the war on terrorism. The court's majority decision held that the war on Al Qaeda and others must be fought under international rules....
http://www.latimes.com/news/nationworld/nation/la-na-military30jun30,0,4703996.story?coll=la-home-nation