Wednesday, June 29, 2011

On June 29

On this day in ...
... 2006 (5 years ago today), in Hamdan v. Rumsfeld, the U.S. Supreme Court invalidated special military commissions established by fiat of President George W. Bush in the wake of the terrorist attacks of September 11, 2001. (photo credit) A majority joined most parts of Justice John Paul Stevens' lengthy opinion, which covered many aspects of Bush's commission plan. As discussed in posts available here and in my article here, within months Congress passed the Military Commissions Act, which reinstated much of that plan. The petitioner in Hamdan subsequently was convicted of material support for terrorism. The conviction was affirmed just last Friday, in United States v. Hamdan, a decision by a 7-member panel of the U.S. Court of Military Commission Review. (hat tip) This court, which was born out of the 2006 Act, held the offense to be cognizable as a war crime -- despite considerable commentary to the contrary.

(Prior June 29 posts are here, here, here, and here.)

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