D.C. Circuit Court of Appeals
Slam Dunk Victory for G'itmo Tribunals
July 15, 2005
BEGIN TRANSCRIPT
RUSH: This is big news, and I predicted this. I told you this was going to happen -- and this is another reason I feel great about it. "A federal appeals court, the D.C. Circuit Court of Appeals, upheld the use of military tribunals to try terrorism suspects held at" Club G'itmo in Cuber. "They ruled against a man accused of being Osama bin Laden's driver. The US Court of Appeals in Washington today overturned a Clinton appointed federal judge's ruling last November that halted the military trial of Salim Ahmed Hamdan of Yemen. The lower court said that the military panels violate federal and international law." Well, that's such an overreach! I've never seen anything like this, a federal judge telling the commander in chief and the US military how they can conduct a war? Military panels, tribunals have been used since as far back as World War I and World War II and a federal judge says, "You can't do that! It's a violation of federal and international law," and he threw something in there about the Geneva Convention.
But the D.C. circuit appeals court "ruled that Congress authorized the use of military tribunals to try terrorism suspects and that the Geneva Convention doesn't apply to members of the Al-Qaeda terrorist group." This is why it is important to get people on the appellate court, folks. This right here. Because if we had the same kind of judges on the appellate at court as this Clinton appointee, we would have just succeeded in the judiciary usurping constitutional power from the chief executive. Now, they can appeal this up to the Supreme Court and we're at risk again. We are at risk if this guy -- and here again, his name is Salim Ahmed Hamdan, and if he wants to take this appeal to the US Supreme Court, he and his lawyers, they most certainly can. But a federal judge said, "Well, you can't this. The military tribunals violate federal and international law, and they do not! They have been used. The appeals court said (summarizing), "Wait a minute, violate the law? Congress authorized the use of military tribunals. That makes it the law."
Hamdan "claims that an Army regulation entitles him to have a competent tribunal determine his status. Judge Raymond Randolph wrote for the three-Judge court, 'We believe that the military commission is such a competent tribunal. We therefore see no reason why Salim Ahmed Hamdan of Yemen could not assert his claim to prisoner of war status before the military commission at the time of his trial.' Joining the opinion was Judge John G. Roberts, Jr., who is being viewed as a candidate for nomination to the US Supreme Court to replace Sandra Day O'Connor. Judge Steven Williams wrote a concurring opinion." This sounds to me like it's a three to nothing slam-dunk victory here at the D.C. Circuit Court of Appeals. The US Supreme Court in January rejected -- see, and this is another thing. I forgot this. This guy, this guy Salim Ahmed Hamdan of Yemen had a pretty sharp lawyer and the lawyer said, "I want to take this appeal straight to the Supreme Court." Remember this? "I want to take this straight to the Supreme Court," because he didn't trust the D.C. circuit, and you can fast-track these things if you want to. Now, the Supreme Court, in January, rejected his appeal, declining a chance to examine the Bush administration's policy. So I'm wrong about this. It can't go back. He's already been there. So this is the final point. Am I right about this? They rejected his appeal already. They sent it back down to the D.C. circuit, and said keep this in order.
"They declined a chance to examine the Bush administration's procedures for military trials of accused terrorists. Hamdan, who says he's about 35, was captured in Afghanistan in 2001 and is being held at," Club G'itmo. He is at Club G'itmo now. Well, maybe they can. I'll have to check with the guy that runs the Legal Division here at the Limbaugh Institute and see if, indeed, they can now go back to the Supreme Court after having been rejected there already. We'll have to wait and see. This is huge news, folks. This is absolutely huge news, and as I say, it is why you need right people on these appellate courts because these circuit appointments, you never know on who you're going to get, depending on who the president is, and had the wrong judges been on this court, we could have had it succeed, this attempt by the federal judiciary to usurp constitutional power from the commander-in-chief. So Salim Ahmed Hamdan will remain a guest at Club G'itmo. Now, there is a big question here, ladies and gentlemen, on the ruling involving Salim Ahmed Hamdan Yemen, and that is: How will this affect the future reservations at Club G'itmo? You know, it is sold out. People are trying to get into Club G'itmo all the time. Do you have to move some people out, they can't stay there forever, no matter that it is paradise compared to where they live. You got to move people out, so you keep recycling the rooms. That's how you make money. So we'll have to keep a sharp eye on this to see how this ruling does affect the operation down at Club G'itmo.
BREAK TRANSCRIPT
RUSH: We got a ruling from the legal division here at the Limbaugh Institute for Advanced Conservative Studies. "There is nothing to prevent an appeal to the Supreme Court by this Yemeni citizen who was victorious in a lower court before a Clinton judge, a Clinton appointed judge, who ruled that the whole concept of military tribunals are unconstitutional and violate international law." The D.C. circuit overturned that judge. It was three conservatives on the panel. One appointed by Reagan, one by Bush 41, and one by Bush 43. So it was a three-to-zip decision, and I guess Hamdan could request a hearing before the full D.C. circuit and he could go back to the US Supreme Court. It's doubtful the US Supreme Court would take the case, since they've already rejected it one time. But now that the appellate court has ruled, there's nothing to stop the terrorists from seeking review by the full Supreme Court.
END TRANSCRIPT
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(Bloomberg: Guantanamo Detainees Can Be Tried by Military Panels)
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