March 31, 2006

Scalia Not Impartial on Hamdan


Supreme Court justice Scalia's impartiality is reasonably questioned in the Hamdan v Rumsfeld case. He should recuse himself from the case.

The Hamdan case challenges legality of the military commission that seeks to try bin Ladin's former driver for war crimes. Newsweek reported that, before testimony on the Hamdan case was completed, Scalia gave a speech in Switzerland, where he dismissed the idea that the detainees have rights under the U.S. Constitution or international conventions. During the speech Scalia said he was "astounded" at the "hypocritical" reaction in Europe to Guantanamo. Scalia said "War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts."

A chauffer is as much of a combatant in this "war on the tactic of terror" as a biased Supreme Court Justice is.

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Note: This piece draws on text from:

March 27 DemocracyNow! headline

Washington Post

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