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Dead Constitution
See other Dead Constitution Articles

Title: Bush Administration: Detainees Have No Rights
Source: Associated Press
URL Source: http://abcnews.go.com/Politics/print?id=2649851
Published: Nov 13, 2006
Author: Associated Press
Post Date: 2006-11-13 16:07:32 by Brian S
Keywords: None
Views: 201
Comments: 17

In Court Filings, Justice Department Says Guantanamo Detainees May Not Challenge Detention

By MATT APUZZO

WASHINGTON - The Bush administration said Monday that Guantanamo Bay prisoners have no right to challenge their detentions in civilian courts and that lawsuits by hundreds of detainees should be dismissed.

In court documents filed with the U.S. Court of Appeals for the District of Columbia Circuit, the Justice Department defended the military's authority to arrest people oversees and detain them indefinitely without access to courts.

It's the first time that argument has been spelled out since President Bush signed a law last month setting up military commissions for the thousands of foreigners being held in U.S. prisons abroad.

Bush hailed the law as a crucial tool in the war on terrorism and said it would allow prosecution of several high-level terror suspects.

Human rights groups and attorneys for the detainees say the law is unconstitutional. Prisoners normally have the right to challenge their imprisonment.

The Justice Department said Monday that the detainees have no constitutional rights. Giving military detainees access to civilian courts "would severely impair the military's ability to defend this country," government attorneys wrote.

"Congress could have simply withdrawn jurisdiction over these matters and left the decision of whether to detain enemy aliens held abroad to the military," the Justice Department wrote.

Instead, the new military commission structure established "unprecedented" levels of review for detainees, the attorneys wrote.

On the Net:

Justice Department: http://www.usdoj.gov

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#1. To: Brian S (#0)

They hate us for our dictatorship.

Most Profound Man in Iraq — An unidentified farmer in a fairly remote area who, after being asked by Reconnaissance Marines if he had seen any foreign fighters in the area replied "Yes, you."

robin  posted on  2006-11-13   16:12:59 ET  Reply   Trace   Private Reply  


#2. To: Brian S (#0)

Giving military detainees access to civilian courts "would severely impair the military's ability to defend this country," government attorneys wrote.

I wonder if they explained why in their filings, or if the judge is going to make them explain why.

Katrina was America's Chernobyl.

aristeides  posted on  2006-11-13   16:16:30 ET  Reply   Trace   Private Reply  


#3. To: robin (#1)

If they attacked us because they hated us for our freedoms, maybe they don't hate us any longer.

Katrina was America's Chernobyl.

aristeides  posted on  2006-11-13   16:17:15 ET  Reply   Trace   Private Reply  


#4. To: robin (#1)

They hate us for our dictatorship.

Perfect. Saved. Stolen.

leveller  posted on  2006-11-13   16:17:15 ET  Reply   Trace   Private Reply  


#5. To: Brian S (#0)

the Justice Department defended the military's authority to arrest people oversees and detain them indefinitely without access to courts

Oh, that's constitutional.

All men die. Not all men truly live. Live for something, rather than die for nothing.

angle  posted on  2006-11-13   16:24:32 ET  Reply   Trace   Private Reply  


#6. To: leveller (#4)

I hate us for our dictatorship.

Most Profound Man in Iraq — An unidentified farmer in a fairly remote area who, after being asked by Reconnaissance Marines if he had seen any foreign fighters in the area replied "Yes, you."

robin  posted on  2006-11-13   16:36:52 ET  Reply   Trace   Private Reply  


#7. To: Brian S (#0)

The Justice Department said Monday that the detainees have no constitutional rights.

I thought the rights in the Constitution were bestowed on man by his Creator, not by government.

The national nightmare has ended... Now begins two years of watching the Congress play "Kick the Gimp".

Indrid Cold  posted on  2006-11-13   16:45:24 ET  Reply   Trace   Private Reply  


#8. To: robin (#1)

They hate us for our dictatorship.

LOL

the law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, beg in the streets and steal bread.

bluedogtxn  posted on  2006-11-13   17:26:38 ET  Reply   Trace   Private Reply  


#9. To: robin (#6)

I hate us for our dictatorship

What did Karl Marx say? "I would never want to belong to any proletariat that would have me as a dictator?" Oh, sorry, that was Groucho.

leveller  posted on  2006-11-13   18:30:58 ET  Reply   Trace   Private Reply  


#10. To: leveller (#9)

What did Karl Marx say? "I would never want to belong to any proletariat that would have me as a dictator?" Oh, sorry, that was Groucho.

LOL! Groucho Marx looks the part too!

Most Profound Man in Iraq — An unidentified farmer in a fairly remote area who, after being asked by Reconnaissance Marines if he had seen any foreign fighters in the area replied "Yes, you."

robin  posted on  2006-11-13   18:35:33 ET  (2 images) Reply   Trace   Private Reply  


#11. To: aristeides (#3)

"If they attacked us because they hated us for our freedoms, maybe they don't hate us any longer."

You mean, we'll finally start winning the gold and silver medals at the Whip and Water Board Olympics? Notice how we are bully that goes and beats up on people and it is always for their own good because of terrorism?

We seem to have this condescending tone with a, "this is going to hurt us more to have to do this then it is going to hurt you" line that nobody is insane or stupid enough to fall for anymore when we go demonstrate our callous stupidity wherever we go.

Perhaps we should wait on spending tax dollars on a border fence; pretty soon other countries will be taking a collection to make double fences at the Canadian border as well as the Mexican hoping it will keep us more contained and out of trouble.

One thing though has happened I didn't expect. Not only is junior working aggressively at a job for the first time in his life, he's actually going to go to Vietnam which he tried so hart to avoid doing as a youth.

Now, if the Vietnamese are smart, thy will talk Junior into sitting at an anti- aircraft gun with black pajamas on.

He's dumb enough not to be aware of the Fonda photos that she wishes had never been taken most her life. And I don't think it would bother the Vietnamese at all to goof him in that way. We can only hope this happens.

He is running out of ways to be the butt of the joke so badly he's even starting to bore the MSM.

Sheldon McMurphy Johnson house Tree sit, Eugene, Oregon

Ferret Mike  posted on  2006-11-13   19:02:06 ET  Reply   Trace   Private Reply  


#12. To: robin. all (#10)

Sad, but true - Sign of the times

Lod  posted on  2006-11-13   19:04:08 ET  Reply   Trace   Private Reply  


#13. To: Ferret Mike (#11)

He is running out of ways to be the butt of the joke so badly he's even starting to bore the MSM.

bump

Lod  posted on  2006-11-13   19:07:03 ET  Reply   Trace   Private Reply  


#14. To: aristeides (#3)

If they attacked us because they hated us for our freedoms, maybe they don't hate us any longer.

Yes, that must be the Bush strategery: remove the freedoms that bother the taarrists so much.

leveller  posted on  2006-11-13   22:21:45 ET  Reply   Trace   Private Reply  


#15. To: Ferret Mike (#11)

Whip and Water Board Olympics?

ESPN 9?

leveller  posted on  2006-11-13   22:25:02 ET  Reply   Trace   Private Reply  


#16. To: leveller (#14)

Note that Bush also removed U.S. troops from Saudi Arabia. That was bin Laden's biggest complaint.

Katrina was America's Chernobyl.

aristeides  posted on  2006-11-13   22:28:30 ET  Reply   Trace   Private Reply  


#17. To: aristeides (#16)

Note that Bush also removed U.S. troops from Saudi Arabia. That was bin Laden's biggest complaint.

Richard Perle once argued that one of the benefits of the war with Iraq was the movement of the troops from SA to Iraq, because, as he acknowledged, their presence in SA was, indeed, one of Bin Laden's complaints. That is as close as I've ever seen any NeoCon come to admitting that our meddling in he ME provoked 9/11.

leveller  posted on  2006-11-14   8:18:59 ET  Reply   Trace   Private Reply  


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