Audio of oral argument in Boumediene
A replay of today’s oral argument in Boumediene v. Bush (06-1195) and Al Odah v. United States (06-1196) can be accessed via C-SPAN by clicking here. (RealPlayer)
An mp3 file of the argument can be accessed at Oyez.org by clicking here.
This transcription is a powerful public service. Being able to listen to oral arguments before the Supreme Court provides a keen insight into the deliberation processes that guide the people in our nation.
Comment by Lloyd H. Muller — December 5, 2007 @ 3:57 pm
What was not adequately addressed was:
1. If habeas is not constitutionally required, why is “adequacy” of the congressional response relevant? Why, in fact is a congressional response necessary at all?
2. If habeas is required, either because it is constitutionally mandated or because the congressional response must be an adequate alternative, then do due process evidentiary standards apply requiring witnesses e.g.,arresting soldiers, the legitimacy of their custodial authority, evidence of the circumstances of custody, chain of custody of evidence collected, etc.?
Seems as though we are refusing to recognize the necessity of an uncivilized and necessarily expedient activity of war where victory is the priority over any civil right while hostilities are maintained. Otherwise, why limit jurisdiction over issues of detention and not over the legitimacy of the taking of life?
Comment by Elliott Alhadeff — December 5, 2007 @ 4:02 pm
Thanks for the all the updates yesterday. The link to the real player version of the arguments is not working for me. It may be on my end, but I just wanted to point it out if the address is incorrect. Thanks again for the posts about this case.
Comment by Tim Harrington — December 6, 2007 @ 11:32 am