US asks top court to dismiss Guantanamo case

Thu Jan 12, 2006 04:32 PM ET

WASHINGTON (Reuters)

- The Bush administration urged the U.S. Supreme Court on Thursday to dismiss a case that challenges President George W. Bush's authority to create military tribunals to try Guantanamo prisoners for war crimes.

The administration based its argument on a new law signed by Bush in December that limits the ability of Guantanamo prisoners caught in the president's war on terrorism to challenge their detentions in federal courts.

Administration lawyers said the new law applied to the case of Salim Ahmed Hamdan, a Yemeni accused of being Osama bin Laden's bodyguard and driver. The Supreme Court had agreed in November to decide his challenge to the military tribunals.

The Hamdan case was considered an important test of the administration's policy in the war on terrorism. The tribunals, formally called military commissions, were authorized by Bush after the September 11 attacks and have been criticized by human rights groups as being fundamentally unfair.

The administration cited the same new law in moving last week to dismiss more than 180 cases in U.S. district court in Washington involving Guantanamo inmates who have challenged their detention.

Bush at the end of December signed the legislation banning cruel and inhumane treatment of prisoners. The anti-torture law also curbs the ability of prisoners being held at the U.S. Naval Base in Cuba to challenge their detention in federal court.

Justice Department lawyers told the Supreme Court that Hamdan's appeal should be dismissed without reaching the merits of the issue because of a lack of jurisdiction.

"Under well-settled principles, Congress's decision to remove jurisdiction over this action and others must be given immediate effect," Solicitor General Paul Clement said in 23-page motion filed with the Supreme Court.

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