Supremes

On Thursday the Supreme Court, of the United States, and I say that with reservation, decided that habeas corpus applies to captured enemy combatants.
Justice Anthony Kennedy wrote the opinion for the slim 5 to 4 majority. In that it is was decided that an Algerian citizen, Lakhdar Boumediene, had rights to a habeas hearing before a federal judge. Boumediene was captured in Bosnia and has since been held in a remote corner of Cuba.
The capture in Bosnia is interesting, wasn't President Clinton in charge when NATO sent the troops? And the troops were still there years later to capture this enemy? I thought the the current president was the only one who committed troops for undetermined periods. All evidence to the contrary, let's see, there is Japan, Korea, and Germany. It seems like to build stable countries takes a long term commitment from a more stable country that possesses the resources to do so. So why do all the dimocrats, rino republicans and news community ignore reality? Because it fits their agenda, that is why.
Back to point. Basically the decision takes judgement away from the military and puts it into the federal system. The federal system has different rules for handling of evidence and testimony. These rules will make it more difficult prosecute the enemy.
In dissent Chief Justice Roberts suggested that the majority did not like the military tribunals because they were not "sanctified" by the court. Yet Kennedy has decreed that federals district court judges should derive their own ad hoc standards. Oh that's so much better, a trade of military procedure, reviewed by the Supreme Court by the way, for the opinion of whatever schmuck judge gets assigned. If those freakin assholes in California get involved we're screwed.
Article I, Section 9 of the Constitution contains a clause that says...

The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

Kennedy says that we are not under invasion or rebellion, but in similar cases after WWII the Supremes agreed with military control of German spies that had aided the Japanese after the fall in Europe. At that time, 1950, Justice Jackson said that the Constitution was not a suicide pact.
Naturally the news services were pleased as punch that the Supremes bitch slapped the Bush administration. These people are so biased that rather see the country crippled than accept that Bush and all of his predecessors may have the greater wisdom.
Time can only tell how the military and the Bush administration figures a path for circumvention. You can trust that they will try because THEY have OUR back.