Justices seem troubled by wartime powers case

updated 9:29 p.m. ET March 28, 2006

WASHINGTON - Supreme Court justices appeared troubled Tuesday by President Bush’s plans to hold war-crimes trials for foreigners held at Guantanamo Bay, Cuba.

And several seemed outraged by the government’s claim that a new law had stripped the high court of authority to hear a case brought by Salim Ahmed Hamdan, a Yemeni who once worked as a driver for Osama bin Laden.

Hamdan has spent nearly four years in the U.S. prison at Guantanamo, and the Supreme Court has been asked to decide if he can be put on trial with fewer legal protections before a type of military tribunal last used in the World War II-era.

The appeal could set the stage for a landmark ruling, and the courtroom atmosphere was tense.

“The use of military commissions to try enemy combatants has been part and parcel of the war power for 200 years,” Solicitor General Paul Clement told justices.

Two years ago the Supreme Court ruled that “a state of war is not a blank check for the president when it comes to the rights of the nation’s citizens.”

Hamdan’s lawyer, Neal Katyal, told justices that the Bush administration is seeking a “blank check” to do what it wants with foreigners held at Guantanamo Bay.

Secretly shipping al-Qaida suspects
The U.S. prison has been a flash point for international criticism because hundreds of people suspected of ties to al-Qaida and the Taliban — including some teenagers — have been swept up by the U.S. military and secretly shipped there since 2002.

At first, the Bush administration would not let the detainees see lawyers or notify family members where they were, and interrogators used aggressive strategies to extract information.

Only a few weeks ago, in response to a victory in a lawsuit by The Associated Press, did the administration release names of detainees.

Justice Stephen Breyer said that lawyers for Hamdan, who faces a single conspiracy count, argue there is no emergency to justify the special trial.

“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,” Breyer said.

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