Legalities

Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg

Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.

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KSM in the "hood"

July 03, 2008 5:49 PM

No less than White House spokeswoman Dana Perino gave voice to the extreme nightmare scenario that Bush administration officials fear could be the outcome of the Supreme Court’s five to four opinion in Boumedienne v Bush late last month: “It is possible that some of these detainees, after challenging their detention in court, could be released into the United States,” Perino told reporters.  “I’m sure that none of us want Khalid Sheikh Mohammed walking around our neighborhoods.”   In his blistering dissent, Justice Antonin Scalia sounded an even more ominous warning: “It will almost certainly cause more Americans to be killed…The Nation will live to regret what the Court has done today.”

The decision has erupted into an urgent series of high level discussions from the White House to the Pentagon, Justice and State Departments.  The talks are focused on immediate recommendations on how to come to terms with a decision that dramatically alters the legal landscape and potentially the very future of the U.S. prison at Guantanamo Bay, Cuba where 260-some al Qaeda detainees are still incarcerated--including KSM, Abu Zubaida and USS Cole bombing suspect Abdullah al Nishiri.

For more details about the on-going White House discussions about the practical and legal problems Bush officials are grapping with in the wake of last month’s ruling, read Closing Gitmo: Timing is Everything by clicking here.

July 3, 2008 | Permalink | User Comments (14)

User Comments

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short and simple-----have they gone totaly insane.

Posted by: rodney | Jul 3, 2008 6:24:31 PM

Yeah, thanks to the liberals on the supreme court. Now we have a huge problem.

McCain '08 for some more conservative, sensible SC justices, not the leftwinger Bill Ayers types Obama would appoint.

Posted by: Jo | Jul 3, 2008 6:28:39 PM

Or is this just yet another fear tactic to do away with civil rights laws?

Posted by: Steve | Jul 3, 2008 7:00:05 PM

Of course we know KSM to be a terrorist, but how many of the others at Gitmo are known to have done ANYthing? How many years have some been held without being accused? This is not the fault of a liberal, fuzzy headed Supreme Court majority, but another fuzzy headed Decider in Chief. Those with evidence of guilt should be prosecuted ASAP. I hear the first drums of the 2008 fear factor at work, just in time for November. We mustn't fall for it.

Posted by: Colorado Dem | Jul 3, 2008 8:35:18 PM

If they were American citizens, I would be very concerned with their civil liberties. If their own countries were actively lobbying for them to have their day in court, then I would give greater credence to their concerns. The procedures enacted by Congress appeared fair on their face -- what was wrong with an administrative process rather than a judicial process? Remember American draftees had to go through the administrative process before they could challenge the federal government in court -- why should these prisoners be different? It isn't like a process to address the situation wasn't in place.

Posted by: DisgustedFormerDemocrat | Jul 3, 2008 8:45:11 PM

Hey Jo,
Those liberals on the Supreme Court you are talking about include some of the conservatives, people appointed by Republicans. How about them apples. Maybe we need to install a Democrat in the White House so we can get some people appointed that vote the way you like.

Posted by: WestCoastMessenger | Jul 3, 2008 9:06:07 PM

More BS. Last I heard that the Bush Admin said that they didn't have evidence of the type that the courts are used to seeing to hold these guys.

What the hell does evidence of the type the courts are used to seeing mean? This is the scary part.

Hell if you ain't got evidence against these guys, and they are so dangerous, why not? What the hell has the Administartion been doing? Is it another WMD problem? Are they totaly inept? I thought some of these guys are on video? Radio? Internet?

If any danmgerous person goes free it is a failure of Bush's inept policy.

Posted by: Thinking | Jul 4, 2008 1:11:58 AM

Read the constitution and you will see why they voted as they did. Stop with this Liberals Crap!!

Posted by: ghm | Jul 4, 2008 1:14:23 AM

In the future, they'll either get shot instead of captured, or just disappear.

Posted by: Neo Politicus | Jul 4, 2008 6:03:37 AM

These detainees wouldn't even be there if Bush hadn't launched a war without cause. They wouldn't have been arrested, never brought to this hemisphere, nothing. Now, we've trained them in terrorist tactics first hand. What wasn't a threat before is now.

These detainees should be released in Texas, close to the Bush ranch. I'm sure someone there will catch them 'breaking into a neighbor's house'.

Its really appalling that Antonin Scalia is making inflammatory statements outside of the bounds of his office, scolding his peers in public. The Supreme Court is supposed to be non-partisan, but Scalia is making opinionated claims that the Bush administration is using as fodder. We should be holding our judges to a higher standard than that.

Defeat McCain in '08.
Vote for Bob Barr.

Posted by: Mikdy | Jul 4, 2008 6:24:35 AM

Supreme Court ruling just a "warm-up" to what we can expect from an Obama presidency - ONE HUGE MAJOR DISASTER!!

Posted by: Manitu | Jul 4, 2008 8:37:07 AM

Neo.

Next war the problem can easily be taken cars of at great height over water.

Posted by: Temagami | Jul 4, 2008 8:41:04 AM

It has been stated that the truly educated individual can be identified as one who has made himself aware of the probable and possible consequences of his acts and non acts and procedes accordingly. I know that some on this site have analyzed the probable consequences of an Obama presidency and therefore will be voting with McCain!!

Posted by: Manitu | Jul 4, 2008 2:00:47 PM

It has been stated that the truly educated individual can be identified as one who has made himself aware of the probable and possible consequences of his acts and non acts and responds accordingly. I do know that there are some on this site who have analyzed, in depth, the probable consequences of an Obama presidency and therefore will be voting with McCain!!

Posted by: Manitu | Jul 4, 2008 3:00:16 PM

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