Senate to Defer Debate on Detainee Trials
Update: Sen. Frist has announded the Senate will not take up the issue of legal rights of the detainees until after the August recess.
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It seems like the Supreme Court's decision in Hamdan (opinion here, pdf) has thrown the legislative and executive branches into a tailspin. They can't figure out what to do with it. Nonetheless, the Senate is set to begin debate on how to try detainees and the debate could take the rest of the summer.
In its decision, the Supreme Court said, on a 5-to-3 vote, that the planned commissions were unauthorized by federal statute and violated international law.
In opposite corners:
On one side of the debate are Republicans who believe Congress should give the president the authority to set up the kind of military commissions that were struck down by the court. Such commissions would sharply curtail defendants' rights.
On the other side are those who say the trials should be modeled on the military system of courts-martial, an approach that would give detainees more due-process rights than would the commissions. In between, many Republicans and Democrats alike argue for starting with the military judicial system and tweaking it to reflect the differences of trying terrorism suspects.
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