Judge Says Detainees' Trials Are Unlawful (washingtonpost.com): "The special trials established to determine the guilt or innocence of prisoners at the U.S. military prison in Cuba are unlawful and cannot continue in their current form, a federal judge ruled yesterday.
In a setback for the Bush administration, U.S. District Judge James Robertson found that detainees at the Navy base at Guantanamo Bay, Cuba, may be prisoners of war under the Geneva Conventions and therefore entitled to the protections of international and military law -- which the government has declined to grant them.
... The Bush administration denounced the ruling as wrongly giving special rights to terrorists and announced that it will ask a higher court for an emergency stay and reversal of Robertson's decision. Military officers at Guantanamo immediately halted commission proceedings in light of the ruling.
"We vigorously disagree. . . . The judge has put terrorism on the same legal footing as legitimate methods of waging war," said Justice Department spokesman Mark Corallo. "The Constitution entrusts to the president the responsibility to safeguard the nation's security. The Department of Justice will continue to defend the president's ability and authority under the Constitution to fulfill that duty." "
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