Back to the Drawing Board

Even as it was hammering the Bush Administration with its most serious legal setback yet in the war on terrorism, the Court's majority in the Guantanamo Bay case made it perfectly clear that the White House and Congress have plenty of other routes to travel to ultimately get the result they want with those detainees down in Cuba. Justice Stephen Breyer wrote it out specifically on the first page of his concurring opinion: "Nothing prevents the President from returning to Congress to seek the authority he belives necessary." That's the direction this story now will head off toward-- Congress.

The President now can ask Congress for more unambiguous and sweeping power to implement the use of those military tribunals. Or he can simply process the detainees at Gitmo using already-established military procedures that have worked well for centuries. Or he can selectively choose certain detainees to bring to trial in civiliian courts here in America, where their added due process rights would now doubt be tempered by deep public (read: juror) anger toward any such defendant. Or he can simply send the men back to their countries of origin and hope that they don't return as terrorists. The President has only ruled out the last option.

Still more later.

By Andrew Cohen |  June 29, 2006; 12:18 PM ET
Previous: No go on Gitmo | Next: Top Ten Things You Can Say About Hamdan Case


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Posted by: ??? | June 29, 2006 01:22 PM

Great article ignore the weird X.A.N.A comment it's from a tv show. That was one of my friends playing a joke. Thankyou!

Posted by: WE the people | June 29, 2006 01:25 PM

Give us strength to endure the next two years of this administration. Then, hopefully, the country can move forward.

Posted by: michael | June 29, 2006 04:15 PM

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