Dave: I don’t read the Hamdan decison quite that way. First impressions (wading through the damned 185 pages) are that the Supremes:
1. specifically do not rule on the issue of Hamdan being a POW with rights under the Geneva Convention;
2. say that the urgency requirement justifying military tribunals in the field aren’t present here, so the president lacks legislative authority to convene these tribunals; and
3. and most bizarrely, they say that the “non-signatory” provisions of the Geneva Conventions apply to al-Qaeda. That they do this, Stevens’s opinion brushing by the point that al-Qaeda fails to comply with the terms of Geneva in any respect, is simply bizarre.
