to suit themselves, again

Washington moves to quash Guantanamo detainee appeals
09 Jan 2006
cbc.ca/story/world/national/2006/01/09/guantanamo-bush060109.html

White House lawyers will ask a Federal Court on Monday to dismiss lawsuits brought by hundreds of people being held at Guantanamo Bay.

Last week, U.S. justice officials informed federal judges in Washington the department would formally ask for the dismissal of 186 cases involving 300 prisoners.

Monday's move comes 10 days after U.S. President George W. Bush signed a military bill containing an amendment restricting Federal Courts from hearing habeas corpus petitions from Guantanamo detainees.

According to U.S. law, prisoners can use the right of habeas corpus to challenge the legality of their detentions.

But the new amendment allows the D.C. appellate court to review the results of Guantanamo military tribunals. Critics say the tribunals are unfair because the detainees are not represented by lawyers.

The White House has tangled with the Federal and Supreme Courts over its detainee policies for several years.

In 2004, the Supreme Court gave prisoners at Guantanamo Bay the right to challenge their detention in Federal Court, despite Washington's argument that the camp's location on the eastern tip of Cuba meant it was out of the Federal Court's jurisdiction.

The United States is holding about 500 people at the military base. It says they could be terrorists. Most were captured during the invasion of Afghanistan in late 2001. Some detainees have been held for four years without charge.

Carl Levin, the Michigan Democratic senator who crafted the amendment, has criticized the Bush administration's move. He said the amendment can't be applied retroactively.

"I'm not surprised that the Justice Department can make any argument that they want," said Levin.

"They've made all kinds of arguments relative to detainees at Guantanamo that have not been accepted by the courts, and this as far as I'm concerned is another one."

Justice officials say detainees have been treated fairly.

"We are aware of no other country that has provided their enemies with such extensive legal review during an ongoing conflict," said Justice Department spokesperson Tasia Scolinos.