Attorney says foreign officials should 'butt out' of pending Supreme Court case

Attorney says foreign officials should 'butt out' of pending Supreme Court case

The legal counsel of a conservative alternative to the ACLU says it's outrageous that foreign governments are deliberately trying to influence a case going before the U.S. Supreme Court that is related to the terrorist detainees held at Guantanamo Bay, Cuba.

Two retired diplomats, two rear admirals, and a retired Marine general joined 383 current or former members of the European and British Parliaments in urging the Supreme Court to allow the detainees full access to the U.S. court system. The American Civil Liberties Union is leading the challenge to the current policy based on a World War II-era Supreme Court decision concerning German saboteurs.

John Armor of the American Civil Right Union (ACRU) believes it is outrageous that foreign government officials would try to influence the Supreme Court how to interpret the U.S. Constitution. As Armor points out, the high court has already ruled in favor of military tribunals.

"It's very straightforward, and there's a unanimous Supreme Court decision from 1942 concerning eight German saboteurs who came to the United States with the intent to blow things up," he says. "The Supreme Court [ruled then that] they may be tried by a tribunal; they do not go to a standard U.S. court with standard U.S. rights." He notes that in that particular case, six of the eight saboteurs were hanged.

Armor believes that, as in the 1942 case, enemy combatants -- like those housed at "Gitmo" -- have no grounds for demand access to American courts. "Someone who is not wearing a uniform, who is hiding among the civilian population, who is not part of an organized unit, who is not carrying his weapons openly is subject to being either shot or hanged as a spy -- depending on the era -- or being found responsible for war crimes under the convention," he states.

And when it comes to foreigners filing opinions before the Supreme Court, the ACRU spokesman agrees with Justice Antonin Scalia. "His point, I think, is very well taken -- which is it's not the business of a member or former member of a foreign government to tell the U.S. Supreme Court how to interpret the U.S. Constitution," says Armor. He adds that the answer to a brief like that should be "butt out -- don't bother us."

Armor believes the Supreme Court will ultimately reject the challenge and rule that the World War II decision is still good law. The appeal is expected to be heard before the end of the year.