http://www.washingtonpost.com/wp-dyn/articles/A11416-2004Jan12.htmlFive military lawyers assigned to defend detainees at Guantanamo Bay are planning to tell the U.S. Supreme Court that some of the rules drawn up for special military trials are unconstitutional.
In a friend-of-the-court brief to be filed this week, the military defense lawyers will assert that prisoners convicted in such military tribunals should have the right to appeal to civilian courts, not just the military appeals panels envisioned by President Bush.
"The Constitution cannot countenance an open-ended presidential power, with no civilian review whatsoever, to try anyone the president deems subject to a military tribunal, whose rules and judges have been selected by the prosecuting authority itself," according to the legal brief, which the lawyers said will be filed with the Supreme Court on Wednesday.
The detainees have already lost one battle with our yahoos in the SC, which I thought they would win, thus I’m not giving them much of a chance in this one. Since the court is not required to render, I suspect, that is what will happen…..again….