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DC District Court of Appeals – Guantanamo detainees cannot challenge their detention in US courts February 20, 2007

Posted by daveintexas in Current Events, Politics, terrorist hemorrhoids.

The 2-1 decision upholds a key provision of the Military Commissions Act which Bush asked Congress to pass to force their hand on bullshit complaints from Democrats that their detention is illegal to attack Bush and his prosecution of the war whether their status as enemy combatants can legally be challenged in US courts.

The two consenting judges ordered that hundreds of cases pending in the lower courts be dismissed.

Commenting on the prosecution’s arguments that the detainee’s deserve the same status as a US citizen, Judge A. Raymond Randolph wrote: 

“The arguments are creative but not cogent. To accept them would be to defy the will of Congress,”

It will almost certainly be taken to the Supreme Court.  I recall Lincoln was able to suspend writs of habeus corpus, elmininating similar lawsuits filed by Conferate POWs seeking their release.  Interestingly (to me), the federal argument that was central to the war was “you are citizens of the United States, and the secessions are illegal.  Still, they were considered enemy combatants in the field, and had that status temporarily suspended in a time of war.


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