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Edited on Tue Jun-20-06 03:45 PM by MissWaverly
I have included Justice Breyer's remarks from IN THE SUPREME COURT OF THE UNITED STATES SALIM AHMED HAMDAN, Petitioner, v. No. 05-184 DONALD H. RUMSFELD, SECRETARY OF DEFENSE, ET AL. Washington, D.C. Tuesday, March 28, 2006 snip below came from oral argument before the Supreme Court of the US
JUSTICE BREYER: -- that issue in -- don't -- ignore my question, which is the same as Justice Kennedy's, if it doesn't help. I'm trying to focus this. And, in my mind, I take their argument as saying, "Look, you want to try a war crime. You want to say this is a war crimes tribunal. One, this is not a war, at least not an ordinary war. Two, it's not a war crime, because that doesn't fall under international law. And, three, it's not a war crime tribunal or commission, because no emergency, not on the battlefield, civil courts are open, there is no military commander asking for it, it's not in any of those in other respects, like past history. And if the President can do this, well, then he can set up commissions to go to Toledo, and, in Toledo, pick up an alien, and not have any trial at all, except before that special commission."
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