During Salim Hamdan’s U.S. military commission trial last week, defense lawyers pressed FBI agent’s on whether or not Hamdan (who has been accused of being Osama bin Laden’s driver) was ever read a Miranda warning (the Miranda v. Arizona U.S. Supreme Court decision in 1966, which held that potential criminal …
In the 2006 case Hamdan v. Rumsfeld, four members of the Supreme Court joined a concurring opinion by Justice Stephen Breyer that said: Nothing prevents the President from returning to Congress to seek the authority [for trial by military commission] he believes necessary. … The Constitution places its faith in …