The Corner

Hamdan Ruling: A Win for the Administration … But Maybe Very Temporary

The AP reports that a military court has rejected an attempt by Salim Hamdan, a former driver and bodyguard of Osama bin Laden, to block his war-crimes trial by military commission.

That’s welcome news, but it’s not where the main game is being played.  That’s happening in the civilian court, specifically, the U.S. District Court in Washington, D.C.  As I noted in this post a couple of weeks ago, federal district judges have been assigned various enemy-combatant cases in the wake of the Supreme Court’s disastrous decision in Boumediene.  Hamdan’s lawyers are arguing, not surprisingly, that the rationale of Boumediene, which invalidated the military’s detention proceedings, should also bar military commission trials.  Hamdan’s case has been assigned to Judge James Robertson, the same judge who, a few years back, blocked his military commission trial as a Geneva Convention violation — the ruling that led ultimately to the Supreme Court’s voiding of military commissions in 2006.

My sense is that Judge Robertson will have a lot more to say about whether Hamdan’s commission trial goes forward than today’s military court decision will.

Most Popular

Elections

The Debate Dumpster Fire

On the menu today: You know what we’re talking about today -- that Godforsaken festival of incoherent crosstalk that was allegedly a presidential debate. It Figures That a Dumpster Fire of a Year Like This Would Bring Us a ‘Debate’ Like This Last night, I thought the first presidential debate of the ... Read More
Elections

The Debate Dumpster Fire

On the menu today: You know what we’re talking about today -- that Godforsaken festival of incoherent crosstalk that was allegedly a presidential debate. It Figures That a Dumpster Fire of a Year Like This Would Bring Us a ‘Debate’ Like This Last night, I thought the first presidential debate of the ... Read More
Elections

Everybody Loses, Which Helps Biden

Reactions to tonight's debate will likely be deeply polarized, as everything else is. There are a few things that are clear. One, this was probably the worst presidential debate in American history. There was a ton of cross-talk and shouting down, there were many bald-faced lies and obvious evasions, a former ... Read More
Elections

Everybody Loses, Which Helps Biden

Reactions to tonight's debate will likely be deeply polarized, as everything else is. There are a few things that are clear. One, this was probably the worst presidential debate in American history. There was a ton of cross-talk and shouting down, there were many bald-faced lies and obvious evasions, a former ... Read More
Elections

Trump Did Himself No Favors

The debate was a remarkable example of the fact that Donald Trump, the most self-serving man in America, doesn’t know how to do himself any favors. For the first ten or twelve minutes of the debate, he was walking away with it — Trumpy, sure, but in control and surprisingly reasonable-sounding. If he had ... Read More
Elections

Trump Did Himself No Favors

The debate was a remarkable example of the fact that Donald Trump, the most self-serving man in America, doesn’t know how to do himself any favors. For the first ten or twelve minutes of the debate, he was walking away with it — Trumpy, sure, but in control and surprisingly reasonable-sounding. If he had ... Read More

Chaos in Cleveland

The 90 minutes of “debate” between President Donald Trump and former vice president Joe Biden cannot be told as a cohesive story, or reduced to a few bottom lines. It was too fast and too disorganized. Almost anyone watching would have just picked up impressions along the way. I’ve grouped mine into piles ... Read More

Chaos in Cleveland

The 90 minutes of “debate” between President Donald Trump and former vice president Joe Biden cannot be told as a cohesive story, or reduced to a few bottom lines. It was too fast and too disorganized. Almost anyone watching would have just picked up impressions along the way. I’ve grouped mine into piles ... Read More

Ben Sasse: Everybody Loves Amy

After Justice Anthony Kennedy announced his retirement in 2018, Ben Sasse had three words on his mind: Amy Coney Barrett. They’d been on his mind for a while. The Nebraska senator had first started hearing about Barrett from faculty at Notre Dame Law School, where Barrett was a professor, shortly after Trump ... Read More

Ben Sasse: Everybody Loves Amy

After Justice Anthony Kennedy announced his retirement in 2018, Ben Sasse had three words on his mind: Amy Coney Barrett. They’d been on his mind for a while. The Nebraska senator had first started hearing about Barrett from faculty at Notre Dame Law School, where Barrett was a professor, shortly after Trump ... Read More
Elections

On Last Night’s Debate

The fact that I believe the debate was unwatchable last night does not mean I believe President Trump did not have some good moments. And the fact that I imagine it was a net-net win for Joe Biden does not mean he did not have some utterly awful moments. Yet the unwatchability of the debate -- the cringe factor ... Read More
Elections

On Last Night’s Debate

The fact that I believe the debate was unwatchable last night does not mean I believe President Trump did not have some good moments. And the fact that I imagine it was a net-net win for Joe Biden does not mean he did not have some utterly awful moments. Yet the unwatchability of the debate -- the cringe factor ... Read More