Challenge to the validity of the military commissions established by President Bush to try detainees as part of the war against terrorism. DECIDED
In November 2001, President Bush issued an order establishing a system of
military commissions as part of the war against terrorism. The commissions have
been challenged as inconsistent with the Geneva Conventions and unauthorized by
Congress. The ACLU filed an amicus brief arguing that congressional
authorization cannot be presumed in the absence of a clear statement for two
basic reasons. First, the commission rules do not guarantee either independence
or impartiality, and are therefore deficient under any recognized legal
standard. Second, the commissions discriminate against non-citizens in
unprecedented fashion.
Blog: ACLU Legal Team on Hamdan
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