Glenn Greenwald appeared on Alan Colmes’ show, and completely tore apart some Bushite tool named Jed Babbin. The two-part audio (MP3) is here and here. Babbin claimed at one point that Greenwald had “no goddamned idea what he’s talking about” regarding the Hamdan decision’s conclusion that Bush’s military tribunals violated the law. It is, however, Babbin who is at a loss here. Hamdan specifically notes in Section VI that:
The UCMJ conditions the President's use of military commissions on compliance not only with the American common law of war, but also with the rest of the UCMJ itself, insofar as applicable, and with the "rules and precepts of the law of nations," Quirin, 317 U. S., at 28--including, inter alia, the four Geneva Conventions signed in 1949. See Yamashita, 327 U. S., at 20-21, 23-24. The procedures that the Government has decreed will govern Hamdan's trial by commission violate these laws. [emphasis added]
Section VII states that “in undertaking to try Hamdan and subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in this jurisdiction.” (On an even odder note, Babbin claimed that FISA “doesn’t cover foreign intelligence gathering.” Greenwald then pointed out that the acronym FISA stands for “Foreign Intelligence Surveillance Act.”) For an understanding of the Hamdan opinion from other sources, check out the New York Times and the Washington Post.
(Thanks to Jamie Holly at Crooks and Liars for the tip.)