Friday, June 13, 2008

Gitmo Detainees Win in Supreme Court

The Supreme Court's unprecedented ruling Thursday giving Guantanamo detainees a constitutional right to challenge their imprisonment in U.S. courts was a sweeping victory for the detainees. Yet it sows more legal uncertainty at the naval base that has held foreign detainees for more than six years and spawned international controversy. In the latest court rebuke against the Bush administration's detainee policies, the justices ruled 5-4 that a military screening process used to determine whether a prisoner is an "enemy combatant" does not protect detainees' rights. Writing for the majority, Justice Anthony Kennedy said the executive branch has an interest in national security but added, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times." The decision could allow nearly 200 prisoners who have not been charged to challenge their imprisonment in regular U.S. courts. The decision does not directly affect the cases of men — including Khalid Sheikh Mohammed — who are charged with Sept. 11- related crimes, although it could slow those proceedings.

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