Editorial: High court humbles Bush

Friday, June 30, 2006 | 7:36 a.m.

President Bush habitually scolds the press, particularly The New York Times, for disclosing what he considers classified information about his conduct of the war on terror. Bush is furious that secretly established prisons in Europe, the wiretapping of American citizens, the examination of people's bank records and the abuses at Abu Ghraib prison in Iraq have been reported by news organizations.

In lecturing The Times, and with some Republican members of Congress even threatening to bring charges against editors and reporters, Bush is furthering his argument that he should have virtually unlimited powers when it comes to prosecuting the war, whether here in this country or abroad.

On Tuesday the U.S. Supreme Court brought Bush down a peg with a decision that served as a rebuke to his imperial presidency. The court ruled that Bush's unilateral decision - one widely criticized by the press, including this newspaper - to strip detainees at Guantanamo Bay of their fundamental judicial rights was wrong.

The court said Bush's decision to place military commissions in sole power of the prisoners, denying them rights such as hearing the charges against them and having a lawyer to argue on their behalf, violated the Geneva Conventions as well as U.S. law.

The decision delivers a solid rebuttal to Bush's contention that the executive branch of government is all-powerful and above reproach during times of war.

"Trial by military commission raises separation of powers concerns of the highest order," Justice John Paul Stevens wrote for the majority.

Two years ago the Supreme Court dismantled another contention of the Bush administration, that Guantanamo prisoners could be held indefinitely without access to U.S. courts. After this decision, prisoners challenged the autocratic authority of military commissions in federal court, which led to Tuesday's decision.

No one wants dangerous terrorists set free, but no one wants innocent people rounded up and confined with no ability to plead their cases, either. Tuesday's ruling gives Bush the option of working with Congress "to seek the authority he believes is necessary."

Bush said at a press conference Tuesday that his administration will work with Congress and review the legality of the commissions.

We hope Congress holds Bush to the laws set by the U.S. Constitution and the international agreements set by the Geneva Conventions. And we hope as well that Congress remains vigilantly protective of a free press, which has every right and obligation to disclose government practices that do not square with established law and procedures.