Invisible Men-Did Lindsey Graham and Jon Kyl mislead the Supreme Court?

[kpete]

Invisible Men
Did Lindsey Graham and Jon Kyl mislead the Supreme Court?
By Emily Bazelon
Posted Monday, March 27, 2006, at 6:48 PM ET


It's not within the Supreme Court's power to decide the constitutional challenges brought by Salim Ahmed Hamdan, the Guantanamo detainee whose case will be argued before the court tomorrow, say Sens. Lindsey Graham, R-S.C., and Jon Kyl, R-Ariz. In a brief they filed with the Supreme Court, they argue that Congress kicked Hamdan's current case out of court when it passed the Detainee Treatment Act last December.

The senators base their argument on the "legislative history" of the DTA—the official statements that members of Congress make about a bill leading up to its passage, as captured in the Congressional Record. In other words, Graham and Kyl cite themselves: in particular, an "extensive colloquy" between the two that appears in the Record on Dec. 21, 2005, the day of the DTA's passage. Justice Department lawyers for the Bush administration rely on the same colloquy as evidence that "Congress was aware" that the DTA would strip the Supreme Court of jurisdiction to hear "pending cases, including this case" brought by the Guantanamo detainees.

The problem is that Kyl and Graham's colloquy didn't actually happen on Dec. 21. It was inserted into the Congressional Record just before the law passed, which means that the colloquy did not alert other members of Congress to the views it contains. Inserting comments into the Record is standard practice in Congress. What's utterly non-standard is implying to the Supreme Court that testimony was live when it wasn't. The colloquy is evidence of what Kyl and Graham thought about the meaning of the DTA. But it doesn't show that any other member of Congress shared their understanding. Everything else in the record that directly addresses whether the DTA forces the Supreme Court to toss Hamdan comes from Levin or another Democrat—and explicitly states that the DTA leaves Hamdan alone.

http://www.slate.com/id/2138750/

[myrna minx]

1. I don't have time to read this now, but after reading this blurb,

this seems really shady. I'll kick this up.

[Metta]

2. The same old Republican slight of hand.

Any dishonest means to a malicious end.

[TechBear_Seattle]

3. "The judicial power shall extend to all cases...."

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. (United States Constitution, Article III, Section 2

It seems very clear to me that the Supreme Court does have jurisdiction until the Constitution has been duly amended.

Can we please impeach the bastards for treason now?

[tanyev]

4. Give 'em the old razzle dazzle

Razzle Dazzle 'em
Give 'em an act with lots of flash in it
And the reaction will be passionate
Give 'em the old hocus pocus
Bead and feather 'em
How can they see with sequins in their eyes?

What if your hinges all are rusting?
What if, in fact, you're just disgusting?

Razzle dazzle 'em
And they;ll never catch wise!