The Corner

Gitmo Charges Brought

War crimes charges have been brought against two of the Gitmo detainees. This action will set up a legal challenge to the constitutionality of the President’s military commission executive order. The issue is not whether military commissions , as such, are constitutional (they are), but rather whether the President had sufficient constitutional or statutory authority to create military commissions for purposes of trying enemy combatants captured in Afghanistan. Stay tuned.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.

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