rssWill SCOTUS Stop Congress’ Power Grab?
Wednesday, June 24, 2009 at 9:27 am
- 3 Comments
On Thursday, the Supreme Court will meet to decide, among other things, whether to take up the case of Kiyemba v. Obama, in which the U.S. Circuit Court of Appeals in Washington, D.C., ruled that federal courts do not have the power to order any Guantanamo detainees released into the United States.
As Lyle Denniston at SCOTUSblog noted earlier this week, the appeal by lawyers for 13 Chinese Muslim Uighur prisoners still held at Guantanamo Bay years after being cleared for release, would test the scope of the court’s ruling in the landmark case of Boumediene v. Bush that Guantanamo detainees have a right to challenge their indefinite imprisonment.
The real question is: Does the right to habeas corpus have any meaning if the courts can’t order the prisoners released?
Meanwhile, as Denniston also points out, Congress has already taken significant measures to take that power over Gitmo detainees into its own hands. The new defense budget sent to President Obama last week specifically bars any spending towards the release of any Guantanamo prisoners into the United States. It also restricts the president’s ability to release prisoners to any other country and he must send Congress a secret report on his plans 15 days before transfer.
The effect of these budgetary constraints on the president is, writes SCOTUSblog, “to restrict in major ways the President’s use of his powers under Article II” and also to restrict the power of the federal courts – the power at issue in Kiyemba. It could even control what happens to the rest of the Uighurs involved in that case. (Four, as we know, were recently transferred to Bermuda.)
The Obama administration is expected to notify the Supreme Court before Thursday that it will sign the new spending bill, “perhaps to reinforce its earlier argument that the Court should deny review” of Kiyemba, speculates SCOTUSblog.
The odd thing is, while Kiyemba left complete power over the detainees to the president — which is why he doesn’t want the Supreme Court to consider reversing it — the spending bill hands that power to Congress.
If the Supreme Court does agree to hear and decide the Kiyemba case, it could reverse the decision and confirm that judges have the authority to order prisoners released, thereby affirming the role of the federal courts. But if it denies review and lets the decision stand, the effect, oddly, may be to hand to Congress virtually unlimited authority over the fate of the more than 200 remaining Guantanamo prisoners.
3 Comments
Comment posted June 26, 2009 @ 2:03 am
U.S. SUPREME COURT ALWAYS HAS THE OPTION OF WATER ~ BOARDING TROY DAVIS, THAT WOULD SAVE THE STATE OF GEORGIA FROM EXECUTING ANOTHER INNOCENT POOR BLACK AMERICAN ???
MILLIONS OF AMERICANS NEED HELP FROM THE INTERNATIONAL WORLD IN OFFERING THEIR SUPPORT FOR THIS FUTURE PROPOSED PRISONER EXCHANGE BETWEEN PRESIDENT ALAN GARCIA OF PERU AND PRESIDENT OBAMA OF THE UNITED STATES.
**THIS LETTER WRITTEN BELOW WAS POSTED ON THE WWW BY LAWYERS FOR POOR AMERICANS AND WE HOPE AND PRAY EVERYONE WHO CARES ABOUT EXECUTIONS BEING CONDUCTED WITHOUT PROPER FAIR TRIALS FIRST WILL OBSERVE THE 3YR INTERNATIONAL BOYCOTT AND STOP DOING ANY BUSINESS AND TOURISM WITH BOTH THESE AMERICAN STATES OF GEORGIA & PENNSYLVANIA !!! —————————————————————————————————- ~ DEAR PRESIDENT ALAN GARCIA OF PERU ~
LAWYERS FOR POOR AMERICANS ASKS ALL OF PERU TO PLEASE THINK SERIOUSLY ABOUT EXCHANGING AMERICAN JOURNALIST LORI BERENSON HELD IN A PRISON IN PERU SINCE 1995 FOR OUR TWO BLACK AMERICAN PRISONERS ON DEATH ROW IN GEORGIA AND PENNSYLVANIA ???
EVERYONE IN PERU MIGHT REMEMBER THAT LAST MONTH IRAN AND PRESIDENT MAHMOUD AHMADDINEJAD MADE SURE THAT U.S. JOURNALIST ROXANA SABERI WAS FAIRLY TRIED AND LATER RELEASED TO RETURN HOME TO AMERICA ?
LAWYERS FOR POOR AMERICANS AT THAT TIME HAD ALSO REQUESTED OF IRAN AND THEIR PRESIDENT MAHMOUD AHMADINEJAD TO SERIOUSLY CONSIDER THIS SAME PRISONER EXCHANGE OF THE AMERICAN U.S. JOURNALIST ROXANA SABERI FOR U.S.PRISON INMATES TROY DAVIS OF GEORGIA & MUMIA ABU ~ JAMAL OF PENNSYLVANIA.
MILLIONS OF AMERICANS AND OTHERS WORLDWIDE HAVE BEEN ATTEMPTING TO SECURE NEW AND FAIR TRIALS FOR THESE TWO ( POSSIBLE INNOCENT) BLACK AMERICANS ON DEATH ROW HERE IN GEORGIA & PENNSYLVANIA AND NOW HAVE TO AGAIN TURN TO OTHERS (WHO ALSO VALUE POSSIBLE INNOCENT LIFE) OUTSIDE OF AMERICA FOR THEIR CARING AND CONCERNED ASSISTANCE !!!
AMERICA HAS NEVER REALLY OFFERED OUR POORER CITIZENS LIKE TROY DAVIS AND MUMIA ABU ~ JAMAL FAIR OPPORTUNITIES TO HAVE PROPER LEGAL REPRESENTATION IN OUR U.S. COURTS, SO IT HAS BECOME VERY OBVIOUS TO MILLIONS OF AMERICANS AND OTHERS WORLD WIDE THAT INNOCENT PEOPLE ARE BEING FALSELY EXECUTED RIGHT HERE IN THE WEALTHIEST COUNTRY IN THE WORLD !!!
WE ASK ALL OF THE FAIR AND LOVING PEOPLE IN AND OUT OF GOVERNMENT IN PERU MR. PRESIDENT GARCIA TO PLEASE SERIOUSLY CONSIDER THIS PRISONER EXCHANGE OF YOUR AMERICAN PRISON INMATE LORI BERENSON FOR OUR POSSIBLY INNOCENT TWO BLACK AMERICAN PRISON INMATES WHO WILL OTHERWISE SURELY BE EXECUTED IN GEORGIA AND PENNSYLVANIA WITHOUT BEING AFFORDED NEW AND FAIR TRIALS !!!
LAWYERS FOR POOR AMERICANS IS A WWW VOLUNTEER LOBBY GROUP THAT LOBBY OUR IVORY TOWER U.S CONGRESSIONAL LEADERS OF THE FREE WORLD FOR MIDDLE CLAAS AND WORKING POOR AMERICANS RIGHT TO HAVE PROPER LEGAL REPRESENTATION IN CIVIL,CRIMINAL AND FAMILY COURTS ALL ACROSS AMERICA .
LAWYERS FOR POOR AMERICANS CAN BE ENTERED INTO AND WWW SEARCH ENGINE BY OUR NAME OR PHONE NUMBER TO FIND OTHER WRITTEN ARTICLES. lawyersforpooramericans@yahoo.com (424-247-2013)
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Comment posted July 16, 2009 @ 11:51 pm
THE LEAST CONCERNED ABOUT THEIR OWN CITIZENS HAVING PROPER LEGAL REPRESENTATION ARE NOW WANTING TO TAKE OVER THIS GITO MESS ???
WILL THE INTERNATIONAL WORLD BE AS GRACIOUS WITH OUR POORER AMERICANS IN RAISING THE NEEDED FUNDING TO HELP ABATE THESE BLATANT AMERICAN INJUSTICES FROM CONTINUING TO DESTOY COUNTLESS AMERICAN FAMILIES AND INDIVIDUAL LIVES ALL ACROSS THE WEALTHIEST COUNTRY IN THE WORLD ???
SOMEHOW OUR U.S. CONGRESSIONAL LEADERS OF THE FREE WORLD HAVE DECIDED AND APPROVED CURRENT LEGISLATION TO SPEND 50 BILLION AMERICAN TAX $$$ IN THE INTERNATIONAL FIGHT AGAINST AIDS OVER THE NEXT FIVE YEARS BEFORE TAKING CARE OF OUR OWN POORER AMERICANS HERE AT HOME FIRST !
MIDDLE CLASS AND WORKING POOR AMERICANS ARE UNABLE TO AFFORD PROPER LEGAL REPRESENTATION IN THEIR CIVIL,CRIMINAL AND FAMILY COURTS OF LAW ALL ACROSS AMERICA CAUSING TREMENDOUS HARDSHIPS NATIONWIDE,BUT THESE GREAT MINDS and callous hearts IN OUR AMERICAN CONGRESS HAVE FOUND OTHERS WORLDWIDE MORE NEEDY THEN THEIR OWN CITIZENS WHO ARE BEING FALSELY INCARCERATED,WRONGFULY EXECUTED,LOSING THEIR HOMES OR APARTMENTS,LOSING CHILD CUSTODY OR VISITATION WITH THEIR CHILDREN ETC…
NOT BEING AFFORDED PROPER LEGAL REPRESENTATION BY OUR U.S.CONGRESS HAS CREATED A TOTAL BREAKDOWN OF THE AMERICAN JUDICIAL SYSTEM FOR OUR POORER AMERICANS BECAUSE THE AMERICAN COURTS PUNISH ALL OF US LITTLE PEOPLE IF WE ARE NOT ASSISTED WITH PROPRER LEGAL COUNSEL.IT IS A KNOWN FACT THAT OUR AVERAGE MIDDLE CLASS AND WORKING POOR AMERICANS WITHOUT PROPER LEGAL REPRESENTATION IN ALL OF OUR AMERICAN COURTS OF LAW LOSE THEIR LEGAL CASES TO THE BETTER FINANCED WHO ARE ABLE TO AFFORD LAWYERS.
LAWYERS FOR POOR AMERICANS IS NOW ACTIVELY IN THE HUNT FOR INTERNATIONAL COUNTRIES AND LEADERS WORLDWIDE TO HELP RAISE 5 BILLION DOLLAR$ FOR OUR SLIGHTED POORER AMERICANS WHO HAVE HAD THEIR OWN AMERICAN CONGRESS TURN THEIR BACKS ON THEIR DESPERATE NEEDS IN NOT AFFORDING THEM PROPER LEGAL REPRESENTATION.
TROY DAVIS AND MUMIA ABU – JAMAL ARE 2 PERFECT EXAMPLES OF AMERICAN CITIZENS WHO NEVER HAD PROPER LEGAL REPRESENTATION AFFORDED THEM BY OUR U.S. CONGRESSIONAL LEADERS OF THE FREE WORLD IN THEIR INITIAL CRIMINAL TRIALS IN (GEORGIA AND PENNSYLVANIA) WHO MIGHT VERY WELL HAVE TO PAY THE ULTIMATE PRICE OF POSSIBLY BEING COMPLETELY INNOCENT AND FALSELY EXECUTED IN THE NEAR FUTURE.
THIS IS THE FIRST OF MANY WWW INTERNATIONAL PLEAS BY LAWYERS FOR POOR AMERICANS FOR OTHER LEADERS AND COUNTRIES TO HELP RAISE THE NEEDED MONIE$ TO CORRECT THESE BLATANT INJUSTICES THAT HAVE BEEN INFLICTED ON POORER AMERICANS FOR THE LAST FEW DECADES.
LAWYERS FOR POOR AMERICANS HAS MANY OTHER WRITTEN ARTICLES THAT CAN BE VIEWED WITH ANY WWW SEARCH ENGINE BY OUR NAME OR OUR TELEPHONE NUMBER.
LAWYERS FOR POOR AMERICANS IS A WWW LOBBY GROUP OF VOLUNTEERS THAT SING OUT ABOUT THE DECADES OLD NEGLECT,ABUSE AND INJUSTICES BEING INFLICTED ON OUR POORER AMERICANS THAT HAVE BECOME CRIMES AGAINST HUMANITY ISSUES FOR THE INTERNATIONAL WORLD COURT TO INVESTIGATE.
lawyersforpooreramericans@yahoo.com
(424-247-2013)
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