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Politics : Impeach George W. Bush -- Ignore unavailable to you. Want to Upgrade?


To: Enigma who wrote (24044)12/18/2003 5:05:18 PM
From: jlallen  Respond to of 93284
 
There was a similar ruling by the 9th Circuit on the Gitmo detainees...



To: Enigma who wrote (24044)12/19/2003 7:14:43 AM
From: jttmab  Read Replies (1) | Respond to of 93284
 
Has this case got implications for all of the prisoners being held in Cuba and elsewhere who are denied acces to legal counsel?

jla was correct, there was a separate ruling from the 9th circuit on an individual held in Cuba. Though the USSC has already agreed to hear that case....I'm not sure why the 9th circuit didn't defer the case since the USSC was going to hear it.

I think the outcome of the detainees in Cuba is less clear and perhaps depends on how the USSC decides to view Guantanamo Bay....In one view, it's foreign soil and a 1950 USSC decision indicates that a person held by the US on foreign soil is not afforded Habeous Corpus...the counter argument is that Guantanamo Bay is different being wholly under the control of the US in perpetuity.

I suppose if the USSC decided that Cuba was more like US soil than foreign soil, the Administration could pack up all the detainees and hold them in Iraq.

jttmab