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Politics : Just the Facts, Ma'am: A Compendium of Liberal Fiction -- Ignore unavailable to you. Want to Upgrade?

To: Sully- who wrote (69798)	2/23/2009 6:20:18 PM
From: Sully-	1 Recommendation Read Replies (2) \| Respond to of 90947

But! But! But! I thought that President Bush was Eeeeeevil & dead wrong 1,000% of the time? *** Continuity Cont'd Jonah Goldberg The Corner From the New York Times: <<< The Obama administration has told a federal judge that military detainees in Afghanistan have no legal right to challenge their imprisonment there, embracing a key argument of former President Bush’s legal team. In a two-sentence filing late Friday, the Justice Department said that the new administration had reviewed its position in a case brought by prisoners at the United States Air Force base at Bagram, just north of the Afghan capital. The Obama team determined that the Bush policy was correct: such prisoners cannot sue for their release.** “Having considered the matter, the government adheres to its previously articulated position,” wrote Michael F. Hertz, acting assistant attorney general.... [snip] The Bush administration had argued that federal courts have no jurisdiction to hear such a case because the prisoners are noncitizens being held in the course of military operations outside the United States. The Obama team was required to take a stand on whether those arguments were correct because a federal district judge, John D. Bates, asked the new government whether it wanted to alter that position. The Obama administration’s decision was generally expected among legal specialists. But it was a blow to human rights lawyers who have challenged the Bush administration’s policy of indefinitely detaining “enemy combatants” without trials. The power of civilian federal judges to review individual decisions by the executive branch to hold a terrorism suspect as an enemy combatant was one of the most contentious legal issues surrounding the Bush administration. For years, President Bush’s legal team argued that federal judges had no authority under the Constitution to hear challenges by detainees being held at the military prison at Guantánamo Bay, Cuba, and elsewhere. >>> corner.nationalreview.com