Cass Sunstein "Liberals"
In 2002, Obama legal advisor Cass Sunstein wrote:
President Bush's choice stands on firm legal ground insofar as he seeks to use military commissions to try people who planned and participated in the September 11 attacks (and similar actions).
In 2006, the Supreme Court decided Hamdan v. Rumsfeld, where it stated:
Together, the UCMJ, the AUMF, and the DTA at most acknowledge a general Presidential authority to convene military commissions in circumstances where justified under the “Constitution and laws,” including the law of war. Absent a more specific congressional authorization, the task of this Court is, as it was in Quirin, to decide whether Hamdan’s military commission is so justified. . . The[] facts cast doubt on the legality of the charge and, hence, the commission; . . . the offense alleged must have been committed both in a theater of war and during, not before, the relevant conflict. But the deficiencies in the time and place allegations also underscore—indeed are symptomatic of—the most serious defect of this charge: The offense it alleges is not triable by law-of-war military commission.
More . . .
< MoDo Gets Obamarized | A Belated Apology > |