Prime Minister Howard Blames "Bad Advice"...Yet Again
Prime Minister John Howard likes to boast, in private, that he can get Australian terror suspect David Hicks freed from Guantanamo Bay any time he likes just by calling his good mates George & Dick.
But how quickly Howard changes his tune when he realises how big an election issue the David Hicks saga may become.
From news.com :
Prime Minister John Howard has urged the US to find a quick alternative for dealing with terrorist suspects held at Guantanamo Bay after the inmates won a major court victory. In a blow to US President George W Bush and the US military, America's Supreme Court has ruled the controversial military commissions set up to prosecute Australian David Hicks and other Guantanamo prisoners were illegal.From the Sydney Morning Herald :Mr Howard said he was not embarrassed by the ruling but admitted his government, and the US administration, were incorrectly advised that the military commission process was lawful.
He said the US government had to move fast to find another process to try Hicks and the other detainees at the US naval base in Cuba.
"What now has to happen is that, quite quickly in my view, the administration has to decide how it will deal with the trial of the people who are being held," he told Southern Cross broadcasting.
"Our view in relation to Mr Hicks is that he should be brought to trial.
"As the military commission trial is regarded by the court as unconstitutional, there clearly has to be another method of trial – a court martial or a civilian trial – which conforms with the supreme court decision."
Australian terror detainee David Hicks's military lawyer said he was not surprised by Thursday's US Supreme Court ruling upholding a challenge against military war crimes trials for Guantanamo Bay inmates.From news.com :The decision will have major implications for Hicks, who has faced a military commission, but is yet to face trial.
Marine Major Michael Mori, the US military lawyer appointed to defend Hicks, said the ruling did not surprise him."The military lawyers who have been defending the defendants at Guantanamo have been saying this all along," Major Mori said.
"Any real lawyer who isn't part of the administration knows this violates the Geneva Conventions."
Mr Howard said he was not embarrassed by the ruling but admitted his government, and the US administration, were incorrectly advised that the military commission process was lawful.He said the US Government had to move fast to find another process to try Hicks and the other detainees at the US naval base in Cuba.
"What now has to happen is that, quite quickly in my view, the administration has to decide how it will deal with the trial of the people who are being held," he told Southern Cross broadcasting.
"Our view in relation to Mr Hicks is that he should be brought to trial.
"As the military commission trial is regarded by the court as unconstitutional, there clearly has to be another method of trial - a court martial or a civilian trial - which conforms with the supreme court decision."
Federal Human Services Minister Joe Hockey said it was up to Mr Bush to decide what to do with Hicks.
"We have been pushing and pushing the US Government to put him to trial - to try him and have him convicted," he said.
"There has been a lot of legal argy bargy.
"Now the US Supreme Court, the highest court in the US, has said that they believe the Guantanamo Bay process is wrong ... and the ball is now back in President Bush's court.
"Obviously, we will be waiting for the US Government to find out what they will do now with Hicks."
PRESIDENT GEORGE W BUSH:Supreme Court Completely Rejects Gitmo War Crimes Trials"As I understand it - now, please don't hold me to this - ... there is a way forward with military tribunals in working with the United States Congress. As I understand, certain senators have already been out expressing their desire to address what the Supreme Court found. And we will work with the Congress.
"And one thing I'm not going to do, though, is I'm not going to jeopardise the safety of the American people. People got to understand that. I understand we're in a war on terror, that these people were picked up off of a battlefield, and I will protect the people and at the same time conform with the findings of the Supreme Court.
LT. CMDR. CHARLES SWIFT, a lawyer for Salim Ahmed Hamdan, defendant in the case before the US Supreme Court:
"All we wanted was a fair trial and we thank the Supreme Court. Yes it is a rebuke for the process. ... It means we can't be scared out of who we are."
AMNESTY INTERNATIONAL:
"Today's Supreme Court ruling blocking the military commissions set up by President George W. Bush is a victory for the rule of law and human rights. The US administration should ensure that those held in Guantanamo should be either released or brought before civilian courts on the US mainland."
ZACHARY KATZNELSON, lawyer for 36 Guantanamo inmates including Ethiopian Binyam Muhammad, one of 10 who faced charges before the military commission:
"I think its a fantastic victory for us. It's a strong rebuke from the Supreme Court to President Bush. They clearly have said he is not above the law and that the men at Guantanamo absolutely have rights, and the military commissions are just blatantly illegal."
US SENATOR PATRICK LEAHY, Vermont Democrat on Judiciary Committee:"For five years, the Bush-Cheney administration has violated fundamental American values, tarnished our standing in the world and hindered the partnerships we need with our allies. This arrogance and incompetence have delayed and weakened the handling of the war on terror, not because of any coherent strategic view it had, but because of its stubborn unilateralism and dangerous theory of unfettered power.
SENATORS LINDSEY GRAHAM AND JON KYL, Republicans of South Carolina and Arizona:
"We are disappointed with the Supreme Court's decision. ... It is inappropriate to try terrorists in civilian courts. ... We intend to pursue legislation in the Senate granting the Executive Branch the authority to ensure that terrorists can be tried by competent military commissions.
SENATOR EDWARD M. KENNEDY, Massachusetts Democrat:
"This decision is a stunning repudiation of the Bush administration's lawless behaviour at Guantanamo. As we approach the Fourth of July, it is entirely appropriate that the Supreme Court has reminded the president and Secretary Rumsfeld that there is no excuse for ignoring the rule of law, even when our country is at war."
MICHAEL MORI, a military lawyer appointed to defend Australian prisoner David Hicks before the tribunals:"It doesn't come as a shock to me. The military lawyers who have been defending the defendants at Guantanamo have been saying this all along. Any real lawyer who isn't part of the administration knows this violates the Geneva Conventions."
FARHAT PARACHA, whose husband was sent to Guantanamo in 2004 after 15 months at a detention centre in Afghanistan:"There is no justice. They have no rights, even don't have status of prisoners of war. It reminds me of the medieval era. ... Really, it is not serving any purpose but triggering more and more hatred."
Supreme Cout Decision Is "A Nail In The Coffin For The Idea That The President Can Set Up These Trials"
