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March 31, 2006

Expert: Supreme court skeptical of military's system for trying suspected terrorists

BRISTOL -- President Bush’s system of military tribunals for suspected terrorists might be in jeopardy, based on questions posed by U.S. Supreme Court justices earlier this week, the president of the National Institute of Military Justice said today at Roger Williams University law school.

Eugene R. Fidell gave the keynote address during a law school symposium titled “Challenges and Changes to Military Law from the War on Terror.”

Before and after the speech, Fidell talked about Tuesday’s oral arguments before the Supreme Court in a case involving Osama bin Laden’s driver, Salim Ahmed Hamdan.

Hamdan’s lawyers are challenging the military commissions set up for terror suspects held at Guantanamo Bay, Cuba. And on Tuesday justices seemed skeptical of the administration’s contention that the tribunals can be used without adhering to U.S. military procedures or the Geneva Convention.

In 2003, Rhode Island Supreme Court Chief Justice Frank J. Williams was named to the military review panel that would hear appeals from suspected terrorists tried before the military commissions.

But, Fidell said, “If I were Judge Williams, I would not have myself measured for a uniform yet. The fate of the military commissions lies in the hands of the justices of the Supreme Court. And while it’s always hazardous to predict the actions based on oral arguments, the government certainly had its work cut out for it at the Hamdan arguments.”

-- More to come on projo.com and tomorrow's Journal

-- Journal staff writer Edward Fitzpatrick

Posted by Jack Perry  at 4:41 PM | Permalink