Court: US Detainees at Bagram Don’t Have Constitutional Rights
Judge Claims 'No Indication' the US Will Occupy Base Permanently
The US Court of Appeals for the DC Circuit today ruled that detainees being held by the United States at the Bagram Air Base in Afghanistan don’t have the right to challenge their detention, even though that right is guaranteed to prisoners in the US Constitution.
The panel found that Bagram is subject to “the vagaries of war” and one judge claimed that because “there is no indication of any intent to occupy the base with permanence,” it isn’t under the court’s jurisdiction.
A previous case had determined that the US could detain Afghan citizens essentially forever at Bagram without providing any explanation for why or charging him with any crimes, but today’s ruling expands that lack of legal recourse to all detainees, regardless of nationality.
The Obama Administration had previously argued that giving any detainees there any legal rights at all would be a threat to national security, and a threat to the nearly nine year long war in Afghanistan. The argument is essentially the same as that of the Bush Administration.
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Montaigne
May 22nd, 2010 at 6:22 am
A very sound decision. And of course, whenever and wherever the US are in power, the same applies eventually. Because there always might be some element of extraordinary conditions, like THIS prisoner or THAT suspect. or THOSE circumstances. It is the logical defeat of the justice system in favour of naked power and judgment of authorities.
Of course the next logical question is: can you respect anyone as being lawfully in power? Better to preemptively kill anyone standing in your way. USA is a joke on civilization and humanity!
E. A. Costa
May 22nd, 2010 at 8:28 am
What goes around comes around.
Montaigne
May 22nd, 2010 at 8:37 am
In fact a study shows just that. Alfred W. McCoy's Policing America's Empire (U of Wiconsin Press, 2009). How the methods of dealing with vasal states crawls right back to be used inside the US itself. A certain justice!
MvGuy
May 22nd, 2010 at 1:19 pm
This will be the justice "Kagan" brings to the court I'm afraid… It is all about them.. We need to dispense with the rule of law and put THEM in charge, because of the danger to THEM and their kleptocracy.. From the West Bank to Wall Street, Goldman Sachs to the IAEA… "Do as we say, NOT as we do…."
UNITED NATIONS, May 19 (Xinhua) — A second draft agreement circulated on Wednesday at the review conference of the Non- Proliferation Treaty (NPT) is gutted of all dates in the disarmament action plan, a change likely to dismay non-nuclear weapon states, which have called on the nuclear "haves" to set clear benchmarks for the elimination of atomic weapons."
Heaping injustice on the MANY to protect the few is dangerous game, especially to those few going about the business of stripping the rights of the many… It's history is not a pastoral scene…..
Jeff.Davis
May 22nd, 2010 at 5:35 pm
A waking nightmare.
Perun
May 31st, 2010 at 6:06 am
Nazi scum rides again!