US Court: War Powers Trump Rights of Noncitizen Detainees
Bush Appointees Argue President Has Even More Power than Government Claimed
In a ruling that is widely expected to set up a new battle in the Supreme Court, a federal appeals court ruled today that the president has virtually unlimited power to detain noncitizen suspects, power even beyond what the government argued it possessed in the case.
The ruling came during the appeal of Ghaleb Nassar al-Bihani, a Guantanamo detainee since 2002 who argued that under international law he could not be held because he did not directly participate in hostilities.
Bihani was a cook for a pro-Taliban faction fighting against the Northern Alliance before the 2001 US invasion, and his unit surrendered during the initial invasion.
The Yemeni citizen is accused of “hostilities against the United States” even though he arrived in Afghanistan nearly six months before the US invasion. Not only did his unit never fight against American forces, he was a cook who doesn’t appear to have ever participated in any combat at all. Despite this, he was declared an enemy combatant.
The court determined that the president’s war powers trump any legal rights Bihani might hypothetically have as a non-citizen. The two authors of the court’s opinion were Bush appointees. The other judge, a Reagan appointee, concurred with the decision but disagreed with the other two judges’ claims of broad power.
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MvGuy
January 6th, 2010 at 2:25 pm
Yes, The presidents power ought to trump the rights of a non-citizens in ties like the house wins ties in black jack…… But the president is NOT entitled to create facts to portray a cook as an enemy general.
This is another low key smoking gun. They need to populate their show with players.. Hey, it's dangerous out there… "These guys are the worst of the worst!!!". NOT!!! A friggin cook..!!!
This is all moronic, instead of rising above all the neocon hype, and letting this guy go home to his family, they demonize him to harvest maximum "hate" from his family, his countrymen and his coreligionists. Lots of enemies, lots of arms sales.. Look how terrible "they" are, we gotta steal their oil
Why not follow the Geneva Convention..?? What an unique suggestion..!! Perhaps it would be better to buy this guy a pizzeria in Brooklyn… Make his dreams come true… Why NOT do something to dispel the the UGLY AMERICANS reality, instead of reinforcing it with more ugly behavior.. This guy is probably illiterate ore close to it…. How does it serve America to continue to victimize this putz..??
Isn't EIGHT years of detention enough for ……"
This illustrates neocon-think still is the driving force of American policy.. They are out to do whatever they can to demonize ANY Muslim… The shocking hubris is a mental illness reinforced by deluded religious dogma… Why..???? Don't they have ENOUGH enemies NOW… The little bully with a BIG friend is a dangerous roll in which to entrust ones future…
January 6, 2010 « Quis Custodiet Ipsos Custodes?
January 6th, 2010 at 7:34 am
[...] January 6, 2010 1. “US Court: War Powers Trump Rights of Noncitizen Detainees [...]
Guest
January 6th, 2010 at 5:49 pm
Just curous about War Powers Act. Does it appy even if US Congress does not declare a war on a country? Did US Congress declare a war on Afgahanistan according to Constitution?
Dedreckoning
January 7th, 2010 at 2:32 am
The War Powers Act was passed in 1973 to limit the ability of the president to unilaterally make war as was the case with Johnson and Nixon in Vietnam. It was rather weak kneed law at any rate as it gave the president the authority (authority he did have have prior to War Powers Act) to commit combat troops anywhere he determined they were needed, circumventing Congress' delegated power as to declare war as specified in Art I Section 8. US Constitution.
Now the president could commit troops without Congress' approval for no more than 180 days at which time Congress would have to declare a state of war exists or cease and desist all combat operations.
Virtually every president since then has ignored the War Powers' constraints on them, making war without the express approval of Congress and the cowardly Congressional leadership has given this blatant abuse of the separation of powers their enthusiastic approval.
If the American people want these continual and ever expanding wars to stop they must get rid of the gutless, balless Congressional leadership and their accomplices without further delay.
The Lie of Law: Courts Bow to State’s Raw Power | Same Old Change
January 8th, 2010 at 9:32 pm
[...] The court denied the appeal of Ghaleb Nassar al-Bihani, who has been held in captivity for more than eight years. What was his crime? He served as a non-combatant clerk for a unit on one side of the long-running Afghan civil war. This war was fought largely between factions of violent extremists; Bihani had the misfortune to be serving in the army of the “wrong” faction when the United States intervened on behalf of the opposing extremists in 2001. Jason Ditz summarizes the case well at Antiwar.com: [...]