| 00:00:11 |
Unidentified Speaker, -
HIMSELF. IT'S AP HOUR AND A HALF. >> HEAR ARGUMENT IN 05184. HAMDAN AGAINST RUMSFELD. YOU MAY PROCEED. >> JUSTICE STEVENS, MAY IT PLEASE THE COURT....
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| 00:00:39 |
Unidentified Speaker, -
NO MORE THAN THAT THE PRESIDENT TRIED OFFENSE THAT IS WERE INDEED WAR CRIMES
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| 00:00:44 |
Unidentified Speaker, -
AND CONDUCT TRIALS ACCORDING TO THE MINUTE MA'AM PROCEDURAL REQUIREMENTS OF THE UCMJ. THEY DO NOT REPRESENT ANY CHANGE IN THE WAY THE MILITARY COMMISSIONS...
|
| 00:03:06 |
Unidentified Speaker, -
THAT IS CORRECT. >> WHY SHOULD WE ATTRIBUTE
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| 00:03:09 |
Unidentified Speaker, -
TO BOTH THE HOUSE AND THE PRESIDENT KNOWLEDGE OF THE
|
| 00:03:12 |
Unidentified Speaker, -
PRIOR VERSION WITH THE LEGISLATION? >>
|
| 00:03:15 |
Unidentified Speaker, -
WELL, BECAUSE THE LANGUAGE
|
| 00:03:16 |
Unidentified Speaker, -
ITSELF WAS THE SUBJECT OF AN IMMEN AMOUNT OF DEBATE AND INDEED WHEN THE BILL WAS -- >> IN THE
|
| 00:03:27 |
Unidentified Speaker, -
SENATE. >> IN THE SENATE. YOU DON'T HAVE
|
| 00:03:29 |
Unidentified Speaker, -
TO ATTRIBUTE ANY KNOWLEDGE OF THE PRESIDENT. WE HAVE EVIDENCE IN THE RECORD THAT THE ADMINISTRATION TRIED TO CHANGE THE LANGUAGE BACK
|
| 00:03:35 |
Unidentified Speaker, -
TO THE ORIGINAL FORMULATION. AND, INDEED N THE HOUSE, THE CHAIRMAN -- THE VICE CHAIRMAN ON THE CONFERENCE REPORT SAID THE CHANGE IN THE
|
| 00:03:47 |
Unidentified Speaker, -
LANGUAGE WAS --
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| 00:03:48 |
Unidentified Speaker, -
WAS -- THE CHANGE IN THE LANGUAGE MEANT THAT IT GRANDFATHERS PENDING CASES SUCH AS THIS ONE. SO THIS IS NOT AN EXAMPLE OF WHICH WE HAVE TO RESORT SIMPLY...
|
| 00:04:33 |
Unidentified Speaker, -
INTRODUCED THE FINAL VERSION OF THE LANGUAGE, THAT ALL OF THE CASES ARE GRANDFATHERED WITH RESPECT TO THE H-1 EFFECTIVE DATE AND THE E-1 STRIPPING...
|
| 00:04:48 |
Unidentified Speaker, -
THE MAIN ARGUMENT IN THE D.C. CIRCUIT BELOW IS THAT THE E-2 PROVISION IN THE CR-18 IN FINAL DECISIONS AND THE H-2 PROVISIONS OF FINAL DECISIONS...
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| 00:05:56 |
Unidentified Speaker, -
THE D.C. CIRCUIT, SCALIA, IS THAT THERE WERE TWO DIFFERENT WAY THAT IS THE D.T.A. TRUNCATED THE REVIEW OF GUANTANAMO CASES. ONE IS THE CASE THAT THE
|
| 00:06:08 |
Unidentified Speaker, -
JURISDICTION STRIPPING PROVISION APPLIES TO CASES. THAT WE REJECT. THAT WE THINK THE SENATE REJECTED ON NOVEMBER 15 WHEN IT PASSED THE BILL. THE OTHER...
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| 00:06:53 |
Unidentified Speaker, -
HAVE TRUNCATED THEM AS IT DID. BUT IT SIMPLY HAS TO WAIT. >> ABSOLUTELY. THAT'S NOT THE POSITION THAT WE THINK IS THE D.T.A. THAT'S NOT PRESENTED...
|
| 00:07:17 |
Unidentified Speaker, -
A STATUTE THAT IS MERELY DIVESTING A LOWER COURT OF JURISDICTION. IT'S A STATUTE THAT ALTARS SUBSTANTIVE RIGHTS OF MR. HAMDAN. IN PARTICULAR, THE...
|
| 00:08:28 |
Unidentified Speaker, -
ON. >> THE GOVERNMENT SAID IT DOES NOT ACCOMPLISH QUESTION TWO. IT ELIMINATES THE CHANGE IN FROM THE APE I CAN'T SAY CORE PULSE. IT DOESN'T DO TWO...
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| 00:08:50 |
Unidentified Speaker, -
BLOCK HABES YOU CORPUS. BECAUSE, JUSTICE ALITO, YOU CAN'T WALK INTO COURT RIGHT AFTER YOU'RE CONVICTED UNDER D.T.A. YOU CAN ONLY WALK IN AFTER COURT...
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| 00:09:42 |
Unidentified Speaker, -
CONCLUSION. >> IF THIS WERE A FINAL -- THIS WOULD BE LIKE A CRIMINAL PROCEEDING, WE WOULDN'T BE HERE. THE POINT OF THIS IS TO SAY WE'RE CHALLENGING...
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| 00:10:03 |
Unidentified Speaker, -
CRIMINAL CONTEXT. AN I'M THINKING OF THE CASE LIKE SCLOSSEN VERSUS COUNCILMAN. WHAT THE COURSE ORDER SAID THE PREDICATE FOR EXPENSION -- EXTENSION...
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| 00:12:22 |
Unidentified Speaker, -
I DO THINK THERE IS A RELATIONSHIP BETWEEN THE TWO. THE PREDICATE FOR EXTENSION HAS ALWAYS BEEN THAT CONGRESS OR SOME OTHER ENTITY HAS FAIRLY BALANCED...
|
| 00:13:15 |
Unidentified Speaker, -
WANTED TO TRY 75 KISSES OR SO. YOU WILL THEN BE LEFT WITH 75 TRIAL THAT'S TAKE PLACE WITHOUT EVEN THE MOST BASIC QUESTION OF WHAT THE PARAMETERS ARE....
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| 00:13:52 |
Unidentified Speaker, -
OF A-YOU ARE RUNNING IN A CIRCLE. >> THAT'S PRECISELY OUR ARGUMENT. YOU CAN'T CONSIDER THE EXTENSION CLAIM. YOU CAN'T CONSIDER THE EXTENT CLAIM WITHOUT...
|
| 00:14:17 |
Unidentified Speaker, -
THE MERITS. IF I COULD TURN TO THE MERITS CHALLENGES. THE FIRST THING I'D LIKE TO DISCUSS ON -- IS QUESTION NUMBER ONE AND WHETHER THIS MILITARY...
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| 00:15:25 |
Unidentified Speaker, -
AS YOU CONTEND THAT IT OUGHT TO BE. THEN THE CHARGE WAS
|
| 00:15:31 |
Unidentified Speaker, -
CONSPIRACY, WOULD THE COURTS THEN HAVE REVIEW BEFORE THE
|
| 00:15:36 |
Unidentified Speaker, -
TRIAL PRECEDED? LET'S SAY IT'S CONSPIRACY IN SOME OTHER CHARGE. IS THERE SOME ANALOG AND ORDINARY CRIMINAL PROCEEDINGS WHERE YOU CHALLENGE IN ADVANCE...
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| 00:16:13 |
Unidentified Speaker, -
MAKING IS THAT CONSPIRACY ITSELF FALLS ENTIRELY OUT OF ANY AUTHORIZATION OF CONGRESS. IN COUNSELMEN, THE QUESTION WAS ARTICLE 134 OF THE UCMJ WHICH WAS...
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| 00:17:31 |
Unidentified Speaker, -
REACH THE CONSPIRACY CHARGE. IF WE THINK THAT YOU ARE WRONG ON THAT, I DON'T KNOW WHY THAT COURT CAN'T HEAR THE CONSPIRACY. >> THERE'S TWO DIFFERENT...
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| 00:17:46 |
Unidentified Speaker, -
A VIOLATION. EEP IF WE ASSUME THAT THE TRIBUNAL IS AUTHORIZED AND ALL OF THE PROCEDURES ARE AUTHORIZED UNDER THE ACT OF CONGRESS. THIS ALLOWING WHICH...
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| 00:18:03 |
Unidentified Speaker, -
GATES TO LET THE PRESIDENT CHARGE WHATEVER HE WANTS. >> THAT'S A GOOD ARGUMENT FOR A BROAD POLICY. ISN'T THERE A NARROWER REASON. THE COMMISSION IS...
|
| 00:18:31 |
Unidentified Speaker, -
A COURT OF GENERAL JURISDICTION. IF WE WERE, WE POSTPONE CLAIMS LIKE YOURS TO THE END BECAUSE WE SAY THE JURISDICTION IS SO BROAD, THEY PROBABLY...
|
| 00:19:27 |
Unidentified Speaker, -
AND STATELESS CONFLICTS. IT'S NOT JUST THE CHARGE, BUT IT'S WHERE THE CHARGE OPERATES THAT WE FIND SO CENTRAL. THAT THERE ARE TWO DIFFERENT PROBLEMS....
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| 00:20:01 |
Unidentified Speaker, -
FOUR YEARS TO GET THEIR CHARGES TOGETHER ON MR. HAMDAN. AT THIS POINT,
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| 00:20:06 |
Unidentified Speaker, -
WHAT YOU HAVE BEFORE YOU IS THE CHARGE
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| 00:20:09 |
Unidentified Speaker, -
AND THEY'VE STUCK WITH THIS CHARGE OF CONSPIRACY, WHICH IS NOT A VIOLATION OF THE LAWS OF WAR. INDEED -- IT'S NOT JUST CONSPIRACY, BUT THAT
|
| 00:20:19 |
Unidentified Speaker, -
THE COMMISSION IS OPERATING IN TOTALLY UNCHARTED WATERS. IT'S CHARGING A VIOLATION IN A STATELESS CONFLICT, SOMETHING AS TO WHICH THE FULL LAWS OF WAR...
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| 00:20:57 |
Unidentified Speaker, -
NOT HERE BECAUSE BOTH COURTS BELOW INDICATED THIS CASE AND HIS CHALLENGE FALLS VERY MUCH LIKE ABNY VERSUS THE UNITED
|
| 00:21:13 |
Unidentified Speaker, -
STATES. THIS COURT HEARD AS ITS FIRST QUESTION, DOES THE CHARGE STATE A VIOLATION OF
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| 00:21:19 |
Unidentified Speaker, -
THE LAWS OF WAR? THAT WAS THE FIRST THANGE THAT HAD TO BE ASKED. WHAT WE ARE DOING IS APPLYING NOTHING MORE THAN THE SETTLED PRACTICE THAT IS HAS...
|
| 00:23:04 |
Unidentified Speaker, -
WAR CRIMES ACT ESSENTIALLY MADE THAT CONCLUSION. THEY DEFINED WAR CRIMES WITH INCORPORATING A VARIETY OF TREATEES. >> SUPPOSE THE PROOF WERE TO SHOW...
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| 00:23:21 |
Unidentified Speaker, -
INVOLVEMENT RENDERING AN ACCOMPLISH OR PRINCIPAL, BUT IT WAS STILL FOUND UNDER CONSPIRACY. WOULD THE INTERNATIONAL LAW VY' LATE THAT. >>
|
| 00:23:36 |
Unidentified Speaker, -
ON THIS PARTICULAR APPOINTMENT ON CONSPIRACY, YES. IF YOU COULDN'T CHARGE SOME OTHER OFFEND LIKE AIDING AND ABETTING. RATHER, THE INTERNATIONAL...
|
| 00:23:58 |
Unidentified Speaker, -
WHATEVER THE SPECIFIC UNDERLYING CRIME IS LIKE MURDER OR ATTACKING CIVILIANS. WHAT YOU CAN'T DO IS USE THE STAND ALONE DEFENSE OF CONSPIRACY. HERE'S...
|
| 00:25:49 |
Unidentified Speaker, -
REMAND IT TO GO INTO ALL THESE ARGUMENTS. WE THINK AT THIS POINT THAT THE PUBLIC INTEREST IS BEST SERVED BY THIS COURT SAYING THAT CONSPIRACY DOESN'T...
|
| 00:26:05 |
Unidentified Speaker, -
LIMITS. EVERY ONE FACING THIS CHARGE. THE GOVERNMENT WANTS TO PUT 75 OF THESE CASES THROUGH. IT IS TAKEN 4 1/2 YEARS SINCE THE PRESIDENT'S MILITARY ORDER...
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| 00:26:39 |
Unidentified Speaker, -
FOLLOWING OFFENSES. DID IT THEN VIOLATE THE LAWS OF WAR. IF THE CHARGE IS THE SPECIFIC OFFENSES THEMSELVES, NOT AIDING AND ABETTING -- >> THE OFFENSES...
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| 00:27:12 |
Unidentified Speaker, -
A MOTION TO DISMISS SAID I'M GOING TO CONSTRUE THESE WORDS AS A SUBSTANTIAL EQUIVALENT OF AIDING AND ABETTING, WOULD YOU LET THE CHARGE STAND? >>...
|
| 00:27:30 |
Unidentified Speaker, -
TWO ENTIRELY DIFFERENT THINGS. ONE IS A STAND-ALONE DEFENSE. >> THE LANGUAGE IS CONSPIRE AND AGREED WITH. AGREED WITH IS PRETTY CLOSE TO TRIED TO...
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| 00:27:46 |
Unidentified Speaker, -
IT REQUIRES A DIFFERENT LEVEL OF PARTICIPATION. THE LIABLE IS ENTIRELY DIFFERENT. IF CONSPIRACY IS ACCEPTED, YOU ARE ACCEPTING PINKER TON LIABILITY....
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| 00:27:58 |
Unidentified Speaker, -
THE GOVERNMENT'S OWN STRUCTION SAY. THAT MEANS THAT MR. HAMDAN IS LIABLE FOR ALL OF THE ACKS OF 9/11 AND EVERYTHING THAT AL QAEDA HAS DONE.
|
| 00:28:07 |
Unidentified Speaker, -
AIDING AND ABETTING AS YOU ARE SAYING IS A MUCH MORE CLOSELY TEDGERED THEORY OF LIABILITY REQUIRING A HIGHER LEVEL OF INDIVIDUAL CULLPABLET AND DIFFERENT...
|
| 00:28:43 |
Unidentified Speaker, -
JUSTICE. IT SETS MINIMAL GROUND RULE WAS MILITARY JUSTICE WITH LARGE. IT SAYS THAT THE PRESIDENT CAN'T ACT WITH WAYS THAT
|
| 00:28:54 |
Unidentified Speaker, -
ARE CONTRARY TO OR INCONSISTENT WITH THIS CHAPTER. ALREADY WE KNOW THAT HAS HAPPENED HERE. MR. HAM D.A. DEN HAS BEEN PICKED OUT OF HIS CRIMINAL TRIAL...
|
| 00:30:09 |
Unidentified Speaker, -
YOU BELIEVE. THE HISTORICAL RELATIONSHIP HAS BEEN
|
| 00:30:13 |
Unidentified Speaker, -
THAT MILITARY RELATION
|
| 00:30:15 |
Unidentified Speaker, -
SHIPS FOLLOW THE SAME PROCEDURES. THAT'S WHAT THIS COURT
|
| 00:30:21 |
Unidentified Speaker, -
HAS QUOTED. IT'S WHAT EVERY MILITARY TREATIES SAYS. OUR POSITION IS
|
| 00:30:27 |
Unidentified Speaker, -
NOT THAT MILITARY COMMISSIONS MUST FOLLOW ALL THE RULES FOR COURT'S MARSHAL. THEY MUST FOLLOW THE MINIMAL BASELINE RULES SET IN THE UNIFORM CODE...
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| 00:31:31 |
Unidentified Speaker, -
TO THE PROCEEDINGS? >>
|
| 00:31:35 |
Unidentified Speaker, -
AT KL TEN IS A RIGHT FOR SPEED YEAR
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| 00:31:41 |
Unidentified Speaker, -
CHARGES.
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| 00:31:56 |
Unidentified Speaker, -
IF THE COCK RES WANTS TO PASS A LAW TO EXEMPT MILITARY COMMISSIONS FROM ARTICLE 36. >> YOU HAVE TO HAVE APPROXIMATELY THE SAME PROCEDURES. WHAT'S...
|
| 00:32:32 |
Unidentified Speaker, -
COURT MARTIAL JURISDICTION. THERE WERE SITUATIONS OF ABSOLUTE NECESSITY. THE REASON WAS THAT THE ARTICLES OF WAR FOR ONE REASON OR ANOTHER DIDN'T COVER...
|
| 00:32:48 |
Unidentified Speaker, -
DID SET IT. WE SET THAT THE COURT MARTIAL WILL COME PLY. IN 1847, WE APPLIED COURT MARTIAL RULES. IN THE CIVIL WAR, WE APPLIED GENERAL ORDER NUMBER ONE...
|
| 00:34:00 |
Unidentified Speaker, -
OF THE ACT ITSELF. I KNOW THIS ISN'T RELEVANT VEPT FOR YOU, BUT FOR OTHER INDIVIDUALS ON THE COURT, THERE'S NOTHING IN THE LEGISLATIVE HIFFRY OR THE...
|
| 00:35:17 |
Unidentified Speaker, -
ARGUMENT, HOWEVER, THE REASON WHY THIS COURT IF IT DID DECIDE TO REACH THIS ULTIMATE QUESTION, THAT KIND OF BACKDOOR APPROVAL BY INFERENCE HAS...
|
| 00:37:04 |
Unidentified Speaker, -
WAY THAT IT HAS BEEN INTERPRETED. IF THEY RECESS TATED -- >> NOT AD HOC IN THAT SENSE. BUT SETTING UP FOR THE OCCASION AND FOR
|
| 00:37:25 |
Unidentified Speaker, -
TRYING NUMEROUS DEFENDANTS A NEW COURT. I DON'T THINK THAT JUST BECAUSE IT'S A NEW COURT, YOU CAN SAY IT'S NOT A REGULARLY CONSTITUTED --. AS LONG AS...
|
| 00:37:41 |
Unidentified Speaker, -
REPRESENTATIVE AND AFFORDS THE RIGHTS KNOWN TO CIVILIZED PEOPLES. WE THINK THIS MILL ARI COMMISSION TRAYS FROM BOTH OF THOSE. YOU'VE MENTIONED THAT...
|
| 00:38:34 |
Unidentified Speaker, -
ARE NOT TALKING ABOUT MIRANDA RIGHTS. WE ARE TALKING ABOUT JUST A SET OF CORE IDEAS THAT EVERY COUNTRY IN THE WORLD IS SUPPOSED TO DISPENSE WHEN THEY...
|
| 00:40:04 |
Unidentified Speaker, -
THE CONVENTION. IT
|
| 00:40:09 |
Unidentified Speaker, -
DOESN'T ASK THOSE QUESTIONS ABOUT
|
| 00:40:11 |
Unidentified Speaker, -
ARE THE UNIFORMS -- THE C.S.R.T. RPT IN THE
|
| 00:40:16 |
Unidentified Speaker, -
ERRORS. THE GOVERNMENT SAID BELOW THAT IT HAD ZERO EFFECT ON THIS CASE. SUPPOSE THAT THE S.K.T. EVER R.T. IT DID DECIDE HE IS AN ENEMY COMBATANT....
|
| 00:41:19 |
Unidentified Speaker, -
|
| 00:41:21 |
Unidentified Speaker, -
CHIEF AS DRAMATICALLY SHOWN IN THE CASE
|
| 00:41:26 |
Unidentified Speaker, -
PREVIOUSLY. CON RES HAS REPEATEDLY RECOGNIZE AND SANCTIONED THAT AUTHORITY. EACH TIME, COT RENG WOULD AT PAINS TO EMPHASIZE THAT IT DID NOT COME AT THE...
|
| 00:42:36 |
Unidentified Speaker, -
SEA SAYS CERTAIN DEFENSES ARE TRYABLE IN WAR. IN CERTAIN SITUATIONS
|
| 00:42:44 |
Unidentified Speaker, -
THIS ARE RELEVANT HERE. THEY WOULD LOOK TO U.S. LAW. WHAT WE HAVE HERE IS ENFORCEMENT OF THE LAWS OF WAR. >> THAT IS RIGHT. IN THIS CONTEXT, YOU HAVE...
|
| 00:43:15 |
Unidentified Speaker, -
CAL. ASSUME HERE. COT PRESIDENT ADD HIS CACE OF CONSPIRACY. >> IT WOULD PRESENT THE DIFFICULT SITUATION ASKING DOES THE PRESIDENT
|
| 00:43:35 |
Unidentified Speaker, -
HAVE AUTHORITY BEYOND THAT THAT CONGRESS HAS YOINED HIM IN? OBVIOUSLY CONGRESS HAS BEEN GIVEN
|
| 00:43:51 |
Unidentified Speaker, -
SANCTION. A COMMITMENT TO VIOLATION OF A WAR CRIME. IF WE CONCLUDED THAT WERE NOT AM -- I'M ASKING ACCOUNT QUESTION ADD AN ADDITIONAL CRIME THAT THE...
|
| 00:46:02 |
Unidentified Speaker, -
OTHERWISE WITH THE RIGHTS THAT THAT CARRIES. WHY DON'T YOU GO FROM THE FRYING PAN INTO THE
|
| 00:46:17 |
Unidentified Speaker, -
FIRE? >> WHAT VU TO THE CLAIM, THAT CLAIM COULD BE BROUGHT TO THE COMMISSION. THEY COULD ADJUDICATE THAT AND SAY THE COMMISSION DON'T APPLY FOR ANY...
|
| 00:46:45 |
Unidentified Speaker, -
KATE P.O. 36R789 STATUS. SO THE ONLY ARGUMENT LEFT WOULD BE WHETHER THE COMMISSION ITSELF WAS A COME TEPT TRIBUNAL TO MAKE THE DETERMINATION. IS THAT...
|
| 00:47:24 |
Unidentified Speaker, -
THAT IS THE PROBLEM I'M HAVING. FOR PURPOSES OF DETERMINING THE DOMESTIC AUTHORITY TO SET UP A COMMISSION, YOU SAY THE PRESIDENT IS OPERATING UNDER...
|
| 00:47:37 |
Unidentified Speaker, -
BUT FOR PURPOSES OF A CLAIM TO STATE US AND ENS THE PROCEDURAL RATES THAT GO
|
| 00:47:45 |
Unidentified Speaker, -
WITH THAT STATUS. YOU ARE SAYING THE LAWS OF WAR DON'T APPLY. >> IT DOESN'T MEAN THE PETITION NER IS ENTITLED TO P.L.O. TEGS SCOO ISN'T THAT ENTAILED...
|
| 00:48:17 |
Unidentified Speaker, -
THE C.S.R.T.S. I HAVE TROUBLE WITH ARGUMENTS THAT INSOFAR AS HE SAYS THERE IS A STRUCTURAL INVALIDITY TO THE MILITARY COMMISSION THAT HE BRING...
|
| 00:48:31 |
Unidentified Speaker, -
THE HISTORIC OFFICE IS TO TEST WHETHER OR NOT YOU ARE BEING TRIED FOY A LAWFUL TRIBUNAL. TO THE EXTENT THAT HE THINK IT IS PROVIDED BY THE GENEVA CONVENTION,...
|
| 00:49:20 |
Unidentified Speaker, -
IT'S THIS STAGE IN THE COMMUNITY. >> I THOUGHT WE ESTABLISHED IT EARLIER. EVEN IF YOU CLAIM THAT THE FOR UP IS NOT PROSECUTORLY CONSTITUTED. THAT...
|
| 00:49:47 |
Unidentified Speaker, -
SAYS THAT THE PANEL IS IMPROPERLY CONSTITUTED. WE WAIT UNTILED PROCEEDINGS IS TERMINATED NORMALLY. >> THAT'S RIGHT. IS THAT TRUE IF A GROUP OF PEOPLE...
|
| 00:50:02 |
Unidentified Speaker, -
ARE GOING TO TRY SOMEBODY, WE WAIT BEFORE HABEAS INTERVENES TO DETERMINE THE AUTHORITY OF THE TRIBUNAL TO HOLD AND FRY. >> THIS IS PRESIDENT AND AUTHORIZE...
|
| 00:50:18 |
Unidentified Speaker, -
WAR THAT WE'VE HAD. IT'S SOMETHING RECOGNIZED IN THE CIVIL WAR AND WORLD WAR II THAT THIS COURT APPROVES. I WOULD HAVE THOUGHT THAT ONE OF THE FUPPINGSES...
|
| 00:50:35 |
Unidentified Speaker, -
COURT. HABEAS CORE SPUSS DOESN'T GIVE A RIGHT TO A PREENFORCEMENT CHALLENGE IN THIS COURT FOR EXAMPLE. >> TO A FOR UP THAT IS PROSECUTORLY CONSTITUTED....
|
| 00:51:08 |
Unidentified Speaker, -
ISSUE, IT'S IN THE E. IT. A. >> IF YOU ASSUME THAT THE LAWS THAT WILL APPLYND A PERHAPS THE OATEE DOES APPLY THE ISSUE ON THE ONE HAND OR AT REGULAR...
|
| 00:51:27 |
Unidentified Speaker, -
OTHER. >> THERE'S NOT A SERIOUS DISPUTE. >> THEY ARGUE THAT
|
| 00:51:33 |
Unidentified Speaker, -
THIS IS REALLY JUST A GROUP OF PEOPLE. >> IF THIS COURT. >> BECAUSE IT'S NOT A REGULAR CONSTITUTED COURT WITHIN THE TREATEE. >> EVEN IF THE COURT MIGHT...
|
| 00:51:51 |
Unidentified Speaker, -
CONGRESS HAS MADE IT
|
| 00:51:53 |
Unidentified Speaker, -
CLEAR THAT WHAT ARE ELSE IS TRUE, THESE PRINGS CAN PROCEED
|
| 00:51:58 |
Unidentified Speaker, -
AND CLUSEJIFF REVIEW CAN BE
|
| 00:52:00 |
Unidentified Speaker, -
DONE AFTER THE FACT THAT -- AFTER A VENTION IF THE DAS CIRCUMSTANCE YOU
|
| 00:52:08 |
Unidentified Speaker, -
WILL. >> I DON'T SEE THAT THERE IS A CLEAR RESERVATION OF RIGHT TO GET TO THE VERY BASIC QUESTION OF THE CONSTITUTION OF THE COURT ITSELF >> I AGREE....
|
| 00:52:47 |
Unidentified Speaker, -
IS THAT THE GOVERNMENT'S- >> IF THEY WANT TO ARGUE THAT THERES A A VIOLATION OF
|
| 00:53:01 |
Unidentified Speaker, -
THE ARTICLE 21 OR ARTICLE 36 AFTER THEIR CONVICTION, THEY ARE FREE TO DO THAT. >> IT'S HARD FOR ME TO VEE THAT WITH THE LANGUAGE OF THIS BECAUSE...
|
| 00:53:16 |
Unidentified Speaker, -
TO THE
|
| 00:53:17 |
Unidentified Speaker, -
PROCEED HE'DING PARAGRAPH WHICH IS STANDARDS AND PROCEDURES SPECIFIED IN THE MILITARY ORDER
|
| 00:53:27 |
Unidentified Speaker, -
IN MILITARY AVERPB. IT'S NOT THE ORDER THAT SETS UP THE COMMISSION. RATHER THIS LANGUAGE SEEMS TO MEAN WHEN IT SAYS. EVEN IF IT DIDN'T, WOULDN'T...
|
| 00:55:05 |
Unidentified Speaker, -
CHALLENGE BEING BROUGHT HERE WITH THE POSSIBILITY SKEFPLGS OF THE TREATY CHALLENGE. IF THE TREATEE CHALLENGE IS WHAT YOU THOUGHT IS VERY IMPORTANT,...
|
| 00:56:00 |
Unidentified Speaker, -
QUESTION. THE PROCEDURES THAT
|
| 00:56:08 |
Unidentified Speaker, -
THE MILITARY HAS PROMULGATED ARE FOR SEAABLE. THERE WILL BY LAW LAW TO COMPLY NOW. HOW LONG -- WHETHER THE LAWS OF THE CONSTITUTION OF THE UNITED STATES,...
|
| 00:57:07 |
Unidentified Speaker, -
ARE TODAY. THAT SEEMS LIKE SOMETHING THAT CAN BETTER BE ADJUDICATED IN THE CONTEMPT OF A CONCRETE CASE. >> IS THERE ANY RESUE IN THIS COURT FOLLOWING...
|
| 00:57:41 |
Unidentified Speaker, -
THE CASE WON UNDER E 3. >> I STILL DON'T SEE THE ANSWER TO MY QUESTION, WHICH HAD TWO PARTS. AS TO THE LANGWADGE, WHICH
|
| 00:57:55 |
Unidentified Speaker, -
IS WHAT'S CROSS CONFERENCE REFERS TO MILL ARI COMMISSION NUMBER ONE FOR MANY SUCCESSOR
|
| 00:58:06 |
Unidentified Speaker, -
NIL YARRY ORDER. THIS ORDER WAS NOVEMBER 13, 2001. LEAVING THE LANGUAGE ASIDE, WHAT I AM MOATLY INTERESTED IN, I THINK YOUR INTERATION CREATES IT...
|
| 00:59:05 |
Unidentified Speaker, -
HOW YOU COULD SHOE HORN MY LANGUAGE IS FOR YOU TO SEE HOW DINLT IT IS. THAT CUT $BOTH WAYS. I DON'T THINK THERE IS ANY INTER TAGES BEFORE THIS COURT...
|
| 00:59:50 |
Unidentified Speaker, -
THEM NOW AND TO STWREET THEM IN A WAY THAT ALLOWS FOR THIS A JUDD INDICATION SO THAT WE AVOID THIS DIFFICULTY TOMORROW. >> FIRST OF ALL, I WOULD THINK...
|
| 01:00:22 |
Unidentified Speaker, -
FOR. >> ON THE OTHER SIDES THERE'S SEVERAL HUNDRED CASES ALREADY PENDING. IF WE ACCEPT YOUR INTERPRETATION, WE KNOW WE HAVE TO REACH THE CONSTITUTION...
|
| 01:00:47 |
Unidentified Speaker, -
YOUR ANSWER. TOOT MPLINGTS THIS IS UNCONSTITUTIONAL. JUSTICE REQUIRE I WOULD SAY WP SPENDING
|
| 01:01:02 |
Unidentified Speaker, -
CLAIMS. IF I COULD TURN TO OUR INTERPRETATION
|
| 01:01:07 |
Unidentified Speaker, -
OF THE D.T.A., IT'S THE ONLY ONE THAT READS THE VARIOUS STATUTES IN HARMONY 6 IT SAYS HERE WHEN CONGRESS EELIX NATES THE JUREIS DECISION -- THE CLOSEST...
|
| 01:02:24 |
Unidentified Speaker, -
THE CASES BEFORE THE URS HAD FONLTHEANING HE ISES. WHAT H IT'S. THEY ARE PRESERVED, OTHERWISE, IN THEIR JURISDICTION IS REMOVED. THE RETROACTIVITY ASPECT....
|
| 01:03:12 |
Unidentified Speaker, -
THAT CONGRESS IN THIS ACTION DID NOT DO ANYTHING THAT TRIGGERS THE SUSTAIN PINGS OF THE WRIT. >> THAT'S YOUR POSITION. YOU ARE NOT ARGUING THAT IT IS...
|
| 01:03:28 |
Unidentified Speaker, -
|
| 01:03:30 |
Unidentified Speaker, -
RIGHT. IF THE
|
| 01:03:32 |
Unidentified Speaker, -
QUESTION IS AM I TAKING THE POSITION THAT CONGRESS CONSCIOUSLY THOUGHT IT WAS SUSPENDING THE RITE, I
|
| 01:03:41 |
Unidentified Speaker, -
WOULD SAY NO. MY VIEW WOULD BE THAT IF CONGRESS STUMBLES UPON THE SUSTAIN PENCE OF THE RIGHT, IT WOULD GL BE CONSTUTED VALUE. ISN'T IT A GOOD MRGMENT....
|
| 01:04:40 |
Unidentified Speaker, -
NOT OR NOT IT WAS SISTER SPECKEDED, YOU ARE EEFING US WITH THE POSITION OF THE UNITED STATES THAT THE CONGRESS MAY VALIDLY SUSTAIN PEBBED IT. IS THAT...
|
| 01:05:02 |
Unidentified Speaker, -
WRIT. THERE ARE NOT TWO CASES. THE RIGHTS THAT MAY BE ASSERTED, THE RIGHT $THAT MAY BE VINDICATED, WE'LL BURRY LIEUTENANT WISHING STACKS. IT SEEMS...
|
| 01:05:22 |
Unidentified Speaker, -
HAVE TO REACH THE QUESTION THAT JUSTICE PRIOR DESCRIBED. THEN MAY BE YES, THE WRIT WAS SUSPENDED BY INADD VERT ANSWER, CONGRESS DIDN'T MEAN TO DO IT....
|
| 01:06:08 |
Unidentified Speaker, -
EFFORT TO SUSTAIN
|
| 01:06:10 |
Unidentified Speaker, -
PECKED THE WRIT WOULD BE INVALID. I DON'T THINK A DISA GEE WITH THAT. THIS IS TWO SEPERATE POINTS HERE. ONE IS DOES THANKS RES
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| 01:06:30 |
Unidentified Speaker, -
HAVE TO SAY. "WE ARE NOT SU PENDING THE WRIT. IN CASES LIKE SIGN SEER, THIS COURT HAS BEEN CAREFUL. >> LET'S ASSUME WE DO NOT HAVE A MANLYICK WORDS...
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| 01:07:04 |
Unidentified Speaker, -
HERE TRIED TO SETTLE THE STOOT TAUGHT. >> THERE IS SOMETHING SILENT ABOUT THE STATUTE AND WHETHER CONGRESS AUTHORIZEED. H. 1 DOESN'T HAVE THE LANGUAGE...
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| 01:07:34 |
Unidentified Speaker, -
H. 1, IT WOK DIFFICULT ONE WOULD BE DIFFICULT IN GEETING TO THE QUESTIONS. FINDING A CLEAR INTEND ON THE PART OF CONGRESS TO SUSPEND THE RITE. I...
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| 01:08:33 |
Unidentified Speaker, -
GONE. JUST BECAUSE CONGRESS DOESN'T MAKE IT CLEAR, DOESN'T MEAN THEY ARE A LOSER HERE. IT'S NOT A POSITIVE SINCE CHANCE. ONE HOUSE HAS CHOSEN TO...
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| 01:10:40 |
Unidentified Speaker, -
ONCE THE CASE GOT HERE. WHAT MADE THE EX-PARTY SO UNIQUE IS CONGRESS WENT OOFER THAT PARTY AND THAT IS LONE. WHAT HAPPIED SINCE THE JUREIS DICTION, WHICH...
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| 01:11:58 |
Unidentified Speaker, -
TIME. TWO, IT'S NOT A WAR
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| 01:12:03 |
Unidentified Speaker, -
TIME. THREE, IT'S NOT A WAR TIME TRY BONNAL MPLET COMMISSION. CIVIL WARS ARE OPEN. THERE IS NO MILITARY COMMANDER ASKING FOR IT. IT'S NOT IN ANY...
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.