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Tuesday, January 18, 2005

U.S. Supreme Court Declines Case Challenging Military Terror Trials

Bloomberg reports that the Supreme Court refused to review of the constitutionality of procedures for the military tribunals set up to try Guantanamo Bay detainees.

The justices made no comment in turning away arguments by Salim Ahmed Hamdan, who asked the court to prohibit military trials that don't adhere to the requirements of the Geneva Conventions. The Bush administration says the Geneva Conventions don't apply to its fight against bin Laden's al-Qaeda network.

The Court rejection of Hamdan's case means the D.C. Circuit Court of Appeals will consider the case first. The Circuit Court will hear the case on March 8.

Hamdan, was captured in Afghanistan in 2001 and is being held at Guantanamo Bay. The government accuses Hamdan of being a trained al-Qaeda terrorist who has delivered weapons and ammunition and served as bin Laden's bodyguard. In an affidavit filed with the court, Hamdan said he was captured while trying to flee Afghanistan and return with his family to Yemen.

Attorneys for Hamdan asked the Supreme Court to hear the case before the D.C. Circuit. Hamdan had won a challenge in U.S. District Court, and the Justice Department appealed to the D.C. Circuit.

The case is Salim Ahmed Hamdan v. U.S., docket 04-702.


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