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Retired Generals Want Scalia Off Gitmo Case
The Kindred Times
March 26, 2006

WASHINGTON - Supreme Court Justice Antonin Scalia was asked Monday to stay out of a case involving a foreign detainee because of remarks Scalia made about the rights of enemy combatants.

Justices were hearing arguments Tuesday in the case of Salim Ahmed Hamdan, a former driver for Osama bin Laden . His lawyers argue that President Bush overstepped his authority when he ordered Hamdan and other alleged enemy combatants to face special military trials.

The retired generals said Scalia's speech in Switzerland "give rise to the unfortunate appearance that ... the justice had made up his mind about the merits" of Hamdan's arguments.

The retired generals said that the justice may have "personal animus" to the Hamdan case because he has a son who served in the military in Iraq .

Two years ago, the Supreme Court ruled that the detainees could use U.S. courts to challenge their detention. Scalia disagreed with that ruling, and in the recent speech repeated his beliefs that enemy combatants have no legal rights.

The letter came from five retired generals and admirals: Navy Rear Adm. Donald J. Guter; Navy Rear Adm. John D. Hutson; Vice Adm. Lee F. Gunn; Marine Brig. Gen. David M. Brahms; and Army Brig. Gen. James P. Cullen.

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