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In Victory for Obama, Court Bars Detainees’ Challenges (DC Circuit Court)
NY Times ^ | May 21, 2010 | Charlie Savage

Posted on 05/21/2010 5:36:15 PM PDT by UAConservative

WASHINGTON — A federal appeals court ruled on Friday that three men who have been detained by the United States military for years without trial in Afghanistan have no right to challenge their imprisonment in American courts. The ruling was a broad victory for the Obama administration in its efforts to hold terrorism suspects overseas for indefinite periods without judicial oversight.

In a 26-page panel opinion reversing a lower court, the United States Court of Appeals for the District of Columbia unanimously ruled that three detainees at the military prison at Bagram air base have no right to hearings in which judges would review the evidence against them and could order their release.

The three detainees, two Yemenis and a Tunisian who say they were captured outside Afghanistan, contend that they are not terrorists and are being imprisoned by mistake. But the court said they were not entitled to habeas corpus hearings, citing the fact that Bagram is on the sovereign territory of another government and emphasizing the “pragmatic obstacles” of giving hearings to detainees “in an active theater of war.”

(Excerpt) Read more at nytimes.com ...


TOPICS: Breaking News; Foreign Affairs; War on Terror
KEYWORDS: afghanistan; courts; judiciary; terrorism
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Not sure how this is an Zero victory, since he wants to Mirandize everyone, but nonetheless good news. This gives me an idea:ship the Gitmo terrorists to Bagram AFB in Afghanistan in order to nullify the Boumediene v. Bush (553 US 723) decision since todays opinion stated that the detainees could not challenge their holding since the AFB is on the sovereign territory of another government and also because Afganistan is considered an operational theater.

Works for me.

You can view the opinion of the court here

1 posted on 05/21/2010 5:36:15 PM PDT by UAConservative
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To: UAConservative

Are we allowed to say “we told you so”?


2 posted on 05/21/2010 5:37:15 PM PDT by SmithL
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To: UAConservative

Bummer only wants to be liberal with your resources. He is tightwad with his.


3 posted on 05/21/2010 5:37:51 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: UAConservative

Wait a minute, weren’t the libtards fighting to prevent terror suspects from being held like that? Now they are applauding it? Make up your fraking minds people!!!!


4 posted on 05/21/2010 5:38:14 PM PDT by BCR #226 (07/02 SOT www.extremefirepower.com...The BS stops when the hammer drops.)
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To: UAConservative
We might well want to make this a permanent arrangement with Afghanistan, or some other Central Asian nation.

They have interesting ideas about prison life.

5 posted on 05/21/2010 5:38:22 PM PDT by muawiyah ("Git Out The Way")
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To: muawiyah

I hope the court checked this out with the ACLU before releasing its decision...


6 posted on 05/21/2010 5:40:56 PM PDT by Czar (NRA Life Member)
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To: BCR #226

According to the RATs, it’s only illegal when they’re not in power. Whenever the socialists get control of something, then nothing’s off-limits.


7 posted on 05/21/2010 5:44:34 PM PDT by UAConservative (Audemus Jura Nostra Defendere)
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To: UAConservative
The ruling was a broad victory for the Obama administration in its efforts to hold terrorism suspects overseas for indefinite periods without judicial oversight.

Nice spin NYT. It was a slap down of biblical proportion, or have we already forgotten Guantánamo......?

8 posted on 05/21/2010 5:45:29 PM PDT by ScreamingFist
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To: UAConservative

a victory for Bush not Obama


9 posted on 05/21/2010 5:55:17 PM PDT by plain talk
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To: plain talk

Non-citizens in a warzone claiming habeas corpus rights? Any President would take the administration’s position.


10 posted on 05/21/2010 6:02:00 PM PDT by ivyleaguebrat
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To: plain talk

Right, a victory for Bush and his policies. The one the Dems want to jail the lawyers who approved the policies. I bet a court would say waterboarding is ok too, and not “torture”. Damn McCain and Grahamnesty and all their ilk.


11 posted on 05/21/2010 6:09:38 PM PDT by shalom aleichem
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To: UAConservative

Where are the 250,000 anti-war marchers in DC??


12 posted on 05/21/2010 6:16:11 PM PDT by GeronL (Political Correctness Kills)
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To: GeronL

See post 7. They’re not coming. The Pinkos are too busy bowing down to Zero.


13 posted on 05/21/2010 6:19:34 PM PDT by UAConservative (Audemus Jura Nostra Defendere)
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To: UAConservative

not sure how they say this is a victory for obama when it he probably wants them to appeal and then get out


14 posted on 05/21/2010 6:28:03 PM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/THE LEFT BE FOOLED FOR EVER)
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To: UAConservative

LOL! Bush’s fault!


15 posted on 05/21/2010 6:29:25 PM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: ScreamingFist

my thoughts too, this is no win for nobama at all , he probably wants them to appeal and was crying as the other far left kooks were about them being held there

the hypocrisy by the left nuts is astounding
when they’re in power war is OK, holding people OK when Bush was in they was crying every day about it as was their friends the media


16 posted on 05/21/2010 6:32:15 PM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/THE LEFT BE FOOLED FOR EVER)
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To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...
A federal appeals court ruled on Friday that three men who have been detained by the United States military for years without trial in Afghanistan have no right to challenge their imprisonment in American courts. The ruling was a broad victory for the Obama administration in its efforts to hold terrorism suspects overseas for indefinite periods without judicial oversight.

17 posted on 05/21/2010 6:34:09 PM PDT by SunkenCiv ("Fools learn from experience. I prefer to learn from the experience of others." -- Otto von Bismarck)
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To: UAConservative

Actually, this would seem to be a victory for President BUSH’s policy. Of course the totally uncredible NY Slimes cites it as a victory for Obama, this after having savaged Bush on the subject throughout his presidency. The Slimes can’t go fully insolvent quickly enough for me.


18 posted on 05/21/2010 6:38:29 PM PDT by Mad_Tom_Rackham (It is the duty of the patriot to protect his country from its government -- Thomas Paine)
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To: UAConservative

Wouldn’t this be as much a victory for President Bush as well?


19 posted on 05/21/2010 6:45:29 PM PDT by taxcontrol
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To: UAConservative
In Victory for Obama, Court Bars Detainees’ Challenges

Contest time!

What would the New York Times headline have read had Bush been in office when the court reached this decision?

20 posted on 05/21/2010 6:45:48 PM PDT by Brugmansian
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