New Fight on Guantánamo Rights

[Mayberry Machiavelli]

http://www.nytimes.com/2004/07/31/politics/31gitmo.html

July 31, 2004
New Fight on Guantánamo Rights
By NEIL A. LEWIS

WASHINGTON, July 30 - The Justice Department said in a federal court filing on Friday that prisoners at Guantánamo Bay, Cuba, who were seeking to file petitions challenging their detentions were not entitled to access to their lawyers to do so.

The department said the prisoners were not entitled to see their lawyers because they were foreigners held outside the jurisdiction of the United States.

The government's 30-page brief argues that despite the 6-to-3 Supreme Court ruling on June 28 that said Guantánamo prisoners could challenge their detentions in federal courts, the prisoners still do not enjoy the rights provided by the Constitution.

"As aliens detained by the military outside the sovereign territory of the United States and lacking a sufficient connection to the country, petitioners have no cognizable constitutional rights," the brief said.

(snip)

[Massacure]

1. SCOTUS isn't in session any more is it?

Damn, looks like they are stuck until Kerry becomes president.

[Jack Rabbit]

2. Wasn't that the argument the Supreme Court rejected?

Is Ashcroft trying to overrule the Court? Given that the junta was installed by the Court, that's not very gracious.

[shraby]

3. When did laws ever mean anything

to Asscroft, Bush, Cheney, Rumsfeld, Myers ad infinitum.

[InkAddict]

4. Since *Selected is trashing the Constitution

maybe SCOTUS could (but won't) declare themselves back in session and give arrest power to the Swiss Guard to arrest his butt for breaking his oath of office sworn to with his hand on the his favorite novel, the Bible. Leavenworth for you, baby!