07-09-2004, 12:57 PM
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#41 (permalink)
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Banned
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Quote:
Originally posted by Mojo_PeiPei
Gitmo is not circumvention of Due process due to the fact that 1) Those held are illegal combatants and 2) not US citizens.
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This is from the Washington Times
Quote:
The Supreme Court yesterday reaffirmed that U.S. courts have legal authority to rule on challenges brought by foreign nationals held at Guantanamo Bay. The Bush administration had insisted otherwise.
The high court also granted access to the courts to Yaser Esam Hamdi, a U.S. citizen captured in Afghanistan. But the president was backed some in that case, as the justices acknowledged that Congress had given him authority to hold the American as an enemy combatant.
The high court effectively side-stepped a third case — that of "dirty bomb" suspect Jose Padilla, another American held as an enemy combatant — on grounds it was improperly filed and must go back to lower courts to start again.
In a 6-3 ruling, the Supreme Court said foreign nationals at the U.S. Naval Base Guantanamo Bay, Cuba, should be allowed to challenge their treatment in U.S. courts.
"Federal court jurisdiction is permitted in these cases," said a majority opinion by Justice John Paul Stevens and joined by Justices Sandra Day O'Connor, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer. Justice Anthony M. Kennedy concurred.
The dissenters were Chief Justice William H. Rehnquist and Justices Clarence Thomas and Antonin Scalia, who essentially agreed with the Bush administration's claims that Guantanamo lies beyond the jurisdiction of U.S. courts.
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