2006年VOA标准英语-Supreme Court Hears Challenge to Terrorism

By Jim Malone
Washington
28 March 2006

 
Navy Lieutenant¹ Commander Charles Swift, lead attorney for Salim Hamdan, leaves Supreme² Court
  
Lawyers for a suspected member of al-Qaida argued at the U.S. Supreme Court Tuesday that President Bush does not have the power to set up special military tribunals to try accused terrorists.  The man who brought the appeal to the high court is a former driver for Osama bin³ Laden⁴. 

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Salim Ahmed Hamdan is one of about 500 suspected terrorists being held at the U.S. naval⁵ base at Guantanamo Bay, Cuba.  He was taken captive by U.S. forces in Afghanistan late in 2001 and is now awaiting trial as an enemy combatant before a military tribunal on conspiracy⁶ charges.

Hamdan denies links to terrorism and says he drove Osama bin Laden to support his family.

President Bush authorized⁷ the use of military tribunals to try suspected terrorists captured in Afghanistan and elsewhere in the wake of the 2001 terrorist attacks on the United States.

Hamdan is challenging President Bush's authority to set up the military tribunals, which have been suspended until the Supreme Court rules on this legal challenge.

The high court took the rare step of releasing audiotapes of the oral argument.  This is Salim Hamdan's lawyer, Neal Katyal.

"If this were like a criminal proceeding⁸, we would not be here," he said.  "The whole point of this is to say that we are challenging the lawfulness⁹ of the tribunal itself."

During Tuesday's court session, government lawyer Paul Clement¹⁰ argued that presidents historically have enjoyed the right to appoint military tribunals to try those accused of war crimes.

"The executive branch has long exercised the authority to try enemy combatants by military commissions," said Mr. Clement.  "Congress has repeatedly recognized and sanctioned that authority."

Military tribunals or commissions allow rules of evidence that generally favor the prosecution¹¹.  In addition, the accused may be barred from the proceeding.

Navy Lieutenant Commander Charles Swift has been appointed to represent Hamdan before the tribunal.

"I have never asked for more for my client than a full and fair trial," said Commander Swift.  "You see it is not my trial.  I am defending him and exercising the right for him on his behalf, but it has to be his right to confront his accusers."

Brad Berenson served as an associate White House counsel in the Bush administration and helped to draw up the legal guidelines to be used in the military tribunals.

"This is the most robust¹² set of procedures that any military commission has ever used in the history of man," said Mr. Berenson.  "They are more protective of the rights of the defense¹³ than the military commissions that have been used historically by this country and many other countries."

Hamdan is among 10 suspects being held at Guantanamo Bay that have been designated for trial by military commission.

The Hamdan case gives the Supreme Court its first opportunity to rule on a terrorism case since 2004, when the high court decided¹⁴ that detainees captured in the war on terror do have the right to pursue legal challenges in U.S. courts.

The case is complicated by a law passed by Congress late in 2005 that bars federal courts from hearing appeals from detainees who are challenging their detentions¹⁵ in U.S. civilian¹⁶ courts.

Timothy Lynch is a legal expert at the CATO Institute in Washington.  He has filed a legal brief in the Hamdan case arguing that the Guantanamo detainees should be accorded the due process of law.

"Now, even though Mr. Bush is acting¹⁷ in good faith, doing what he thinks is right to protect the country, this idea that the president can assume legislative¹⁸ powers to make rules and that he can assume judicial¹⁹ powers to adjudicate the guilt²⁰ or innocence²¹ of persons on trial, this poses a direct challenge to the separation of powers principle of our Constitution," said Mr. Lynch.

A ruling in the case is expected by the end of June.  Chief Justice John Roberts recused himself from the case because he was part of a lower court panel of judges that, prior to his appointment by President Bush, ruled against Hamdan.

1 lieutenant   

n.陆军中尉，海军上尉；代理官员，副职官员

参考例句：

• He was promoted to be a lieutenant in the army.他被提升为陆军中尉。
• He prevailed on the lieutenant to send in a short note.他说动那个副官，递上了一张简短的便条进去。

2 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

3 bin   

n.箱柜；vt.放入箱内；[计算机] DOS文件名:二进制目标文件

参考例句：

• He emptied several bags of rice into a bin.他把几袋米倒进大箱里。
• He threw the empty bottles in the bin.他把空瓶子扔进垃圾箱。

4 laden   

adj.装满了的；充满了的；负了重担的；苦恼的

参考例句：

• He is laden with heavy responsibility.他肩负重任。
• Dragging the fully laden boat across the sand dunes was no mean feat.将满载货物的船拖过沙丘是一件了不起的事。

5 naval   

adj.海军的，军舰的，船的

参考例句：

• He took part in a great naval battle.他参加了一次大海战。
• The harbour is an important naval base.该港是一个重要的海军基地。

6 conspiracy   

n.阴谋，密谋，共谋

参考例句：

• The men were found guilty of conspiracy to murder.这些人被裁决犯有阴谋杀人罪。
• He claimed that it was all a conspiracy against him.他声称这一切都是一场针对他的阴谋。

7 authorized   

a.委任的，许可的

参考例句：

• An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

8 proceeding   

n.行动，进行，(pl.)会议录，学报

参考例句：

• This train is now proceeding from Paris to London.这次列车从巴黎开往伦敦。
• The work is proceeding briskly.工作很有生气地进展着。

9 lawfulness   

法制，合法

参考例句：

• Einstein declared that randomness rather than lawfulness is the characteristic of natural events. 爱因斯坦宣称自然现象的特征为不可测性而不是规律化。 来自辞典例句
• Does the Lawfulness of War Matter? 战争的合法性有关系吗？ 来自互联网

10 clement   

adj.仁慈的；温和的

参考例句：

• A clement judge reduced his sentence.一位仁慈的法官为他减了刑。
• The planet's history contains many less stable and clement eras than the holocene.地球的历史包含着许多不如全新世稳定与温和的地质时期。

11 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

12 robust   

adj.强壮的，强健的，粗野的，需要体力的，浓的

参考例句：

• She is too tall and robust.她个子太高，身体太壮。
• China wants to keep growth robust to reduce poverty and avoid job losses,AP commented.美联社评论道，中国希望保持经济强势增长，以减少贫困和失业状况。

13 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

14 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

15 detentions   

拘留( detention的名词复数 )； 扣押； 监禁； 放学后留校

参考例句：

• Teachers may assign detention tasks as they wish and some detentions have been actually dangerous. 老师可能随心所欲指派关禁闭的形式，有些禁闭事实上很危险。
• Intimidation, beatings and administrative detentions are often enough to prevent them from trying again. 恐吓，拷打和行政拘留足以阻止请愿者二次进京的脚步。

16 civilian   

adj.平民的，民用的，民众的

参考例句：

• There is no reliable information about civilian casualties.关于平民的伤亡还没有确凿的信息。
• He resigned his commission to take up a civilian job.他辞去军职而从事平民工作。

17 acting   

n.演戏，行为，假装；adj.代理的，临时的，演出用的

参考例句：

• Ignore her,she's just acting.别理她，她只是假装的。
• During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

18 legislative   

n.立法机构，立法权；adj.立法的，有立法权的

参考例句：

• Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
• Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

19 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

20 guilt   

n.犯罪；内疚；过失，罪责

参考例句：

• She tried to cover up her guilt by lying.她企图用谎言掩饰自己的罪行。
• Don't lay a guilt trip on your child about schoolwork.别因为功课责备孩子而使他觉得很内疚。

21 innocence   

n.无罪；天真；无害

参考例句：

• There was a touching air of innocence about the boy.这个男孩有一种令人感动的天真神情。
• The accused man proved his innocence of the crime.被告人经证实无罪。