HokieBird wrote:I don't think any court has said the detainees have rights under the Constitution. I think I remember reading that an appeals court actually said the opposite. I also don't think the Supreme Court has taken the case...yet.
In
Rasul v. Bush, the US Supreme Court held on June 28, 2004, that foreign nationals imprisoned without charge in Guantanamo were entitled to bring legal action challenging their captivity in US federal civilian courts.
The Supreme Court reversed the District Court for the District of Columbia and the Court of Appeals for the DC Circuit, which had held that Guantanamo detainees were barred from bringing actions challenging their detentions in US courts because they were foreign nationals outside US sovereign territory.
The court pointed out that the Guantanamo Bay detainees:
- are not nationals of countries at war with the United States
- deny they have engaged in or plotted acts of aggression against the United States
- have never been afforded access to any tribunal
- have never been tried and convicted of wrongdoing
- have been imprisoned for years in territory over which the United States exercises exclusive jurisdiction and control
With the exception of three detainees, all have been held without charge.
The Supreme Court decided that "United States courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay."
The Supreme Court also pointed out that habeas corpus is a very old right, referenced by the Constitution itself and enshrined in a 1789 US statute predating the Bill of Rights.
HokieBird wrote:I think I've said before I have no problem releasing them.
You make the mistake of thinking that people who oppose the detention in Guantanamo would like to see all detainees released immediately. That's a gross misinterpretation of the argument that has
actually been made (i.e. that the laws that apply should be followed).
HokieBird wrote:[stereotypical rightwing babble]
Sure. If you say so.