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Whoa_Nelly Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-03 05:14 PM
Original message
Court: Guantanamo Bay prisoners can have lawyers
SAN FRANCISCO -- A federal appeals court ruled today for the first time that prisoners held at Guantanamo Bay Naval Base in Cuba should have access to lawyers and the American court system.

The 9th U.S. Circuit Court of Appeals' 2-1 decision was a rebuke to the Bush Administration.

<snip>
"Even in times of national emergency -- indeed, particularly in such times -- it is the obligation of the Judicial Branch to ensure the preservation of our constitutional values and to prevent the Executive Branch from running roughshod over the rights of citizens and aliens alike," Judge Stephen Reinhardt wrote for the majority.

"We cannot simply accept the government's position," Reinhardt continued, "that the Executive Branch possesses the unchecked authority to imprison indefinitely any persons, foreign citizens included, on territory under the sole jurisdiction and control of the United States, without permitting such prisoners recourse of any kind to any judicial forum, or even access to counsel, regardless of the length or manner of their confinement."

more...
http://www.jacksonsun.com/news/20031218_gatmo.shtml
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LuminousX Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-03 05:19 PM
Response to Original message
1. A bit of sunshine in this murky time?
Please let this be a sign that we are coming to our senses.
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-03 05:21 PM
Response to Original message
2. Thank you, Jesus! I feel something good is happening.
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tkulesa Donating Member (556 posts) Send PM | Profile | Ignore Thu Dec-18-03 05:25 PM
Response to Original message
3. This will get appealed
And I'm sure there will be a stay until then.

But this is still awesome news.

Little by little the Judicial branch is going to have to kick * back into line. I just hope it isn't so stacked by loyalist republicans that they are unable to do the job.
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the_boxer_ Donating Member (527 posts) Send PM | Profile | Ignore Thu Dec-18-03 06:37 PM
Response to Reply #3
5. I heard that the administration would ask for a stay...
freakin' ridiculous...
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Dec-18-03 06:33 PM
Response to Original message
4. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
CheshireCat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-03 06:40 PM
Response to Original message
6. I can't believe it.
Edited on Thu Dec-18-03 07:10 PM by CheshireCat
The treatment of the prisoners at Gitmo have brought shame to America. This could be a first step for remedying the situation.

No doubt it will go to the Supreme Court - where I see it going either way.

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Cronus Protagonist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-03 06:57 PM
Response to Original message
7. Maybe they'll get some answers now...
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Moderator DU Moderator Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-03 07:28 PM
Response to Original message
8. dupe
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