Hamdan to Rein Bush In?

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Marty Lederman has commentary on the Hamdan v. Rumsfeld decision today, ruling that the military tribunals set up at Guantanamo are improper, over at SCOTUSblog. Among other things, the Supreme Court has apparently ruled that the Geneva Conventions apply to all detainees captured in the conflict against al-Qaeda. That seems to mean, if Lederman’s right, that torture and “coercive” interrogation tactics will no longer be allowed, period. The CIA’s interrogation tactics are “officially” illegal, and methods such as waterboarding and inducing hypothermia are now “officially” war crimes. The Court also ruled that the president does not have the power to ignore or violate congressional law.

This looks very significant indeed, and short of convincing Congress to pull out of the Geneva Conventions, perhaps, it certainly looks like the Bush administration has been reined in. What this means in practice, though, still seems very much up in the air—presumably Congress could respond by setting up new tribunals at Guantanmo, or modifying the Uniform Code of Military Justice, or granting the administration other new powers, or so forth… So we’ll see what happens.

UPDATE: Glenn Greenwald has a useful discussion here.

UPDATE II: The Court also seems to have rejected one of the administration’s legal rationales for its illegal wiretapping program.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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