Tiny Story: Bin Laden’s Driver’s Challenge Rejected

This story is not getting much notice. Sure, there is a large focus on Sen. Tim Johnson, but I ran across this one strictly by accident (Washington Post)

A federal judge dismissed yesterday a challenge from Osama bin Laden's driver over his more than four years of detention at the Guantanamo Bay military prison, saying a new anti-terrorism law approved by Congress this fall removes the lower court's jurisdiction in the matter.

U.S. District Judge James Robertson is the first to rule on the controversial Military Commissions Act (MCA), which authorizes military trials of alleged enemy combatants and removes their right to try to bring their cases before federal judges.

Excellent. Nice to see a federal judge realize something that most on the Right have been saying

Robertson dismissed Salim Ahmed Hamdan's petition because he said Congress clearly intended to keep such cases out of the federal courts. And he held that, as a foreigner with no voluntary ties to the United States, Hamdan has no claim to a constitutional right to habeas corpus.

Let me repeat that: no claim to a constitutional right to habeas corpus. Hamden is not a US citizen, he was not applying for citizenship, and he did not come to the US to visit, work, or attend school. He has no Constitutional Rights. Period.

Let's see where this case goes now.

Looking around, seems that Captain Ed and Stop The ACLU have more.

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4 Responses to “Tiny Story: Bin Laden’s Driver’s Challenge Rejected”

  1. Greta says:

    It will only get noticed if it helps a certain party. Damn terrorists!

  2. Alexander says:

    U.S. District Judge James Robertson, appointed to the bench by President Clinton, interesting.

    What is essential to remember about this situation is that the Supreme Court has invalidated President Bush’s power to suspend habeas corpus, while allowing Congress their constitutional authority to provide the oversight necessary to take such extreme action. Robertson merely concurred with the Military Commissions Act to deny Hamdan the right to habeas corpus; however as is appropriate, this Congressional act will be challenged by the incoming Democratic majority on its merits.

    Our system of government has prevailed, and President Bush’s authority has rightfully been checked. So, as you have done, I applaud the court’s decision.

  3. So, it looks like what you are saying is that the Democrats are going to attempt to give terrorists who are not US citizens American Rights.

    Maybe if you lefties spent as much time trying to defeat the enemy, rather then defeating the Republicans, we could make headway in stopping terrorists who want to kill Americans.

  4. Foot Patrol…

    Centcom – U.S. Army Soldiers from Alpha Company, 2nd Battalion, 35th Infantry Regiment, 25th Infantry Division, scout Tall Qabb, Iraq, Dec. 8, 2006, during an operation in search of insurgents and weapons caches. U.S. Air Force photo by Staff Sgt. Sa…

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