corrente

We know how vicious and vindictive Bush can be. So these men deserve our praise for standing up for principle on behalf of the Guatanamo detainees who are their clients.

Neil Lewis of the Times reports:

Five uniformed military lawyers assigned to defend detainees at Guantánamo Bay, Cuba, have filed a brief with the Supreme Court, challenging the basis of President Bush's plan to use military tribunals without civilian court review to try some of the detainees there.

In their 30-page brief, filed late Wednesday, the lawyers assert that President Bush worked to "create a legal black hole" and overstepped his constitutional authority as commander in chief in the way he set up the program for military tribunals.

The government has tried to create a military tribunal system thoroughly insulated from the civilian court system. But in their brief, which civilian and military legal experts consider extraordinary because the defense lawyers are military officers challenging their commander in chief's authority, the lawyers are, in effect, trying to jump over the fence into the civilian system.

"Under this monarchical regime, those who fall into the black hole may not contest the jurisdiction, competency or even the constitutionality of the military tribunals," the defense lawyers wrote. They said they were not taking a position on whether the president may deny habeas corpus to people simply detained at Guantánamo, but once he puts them before a tribunal as the government is contemplating, "he has moved outside his role as commander in chief."

Lt. Cmdr. Charles Swift, who represents one of two detainees who have been assigned lawyers, said in an interview that though the brief was extraordinary, "It was unavoidable as part of our duty to represent the interests of our clients."

The defense lawyers are, of course, upholding the rule of law and our Constitution—exactly the "soft power" Bush is so eagerly trashing. Meanwhile, the SCLM natters on about sweaters...