High Court ruling may delay war crimes trials
Lawyer Blogs
The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay may challenge their detention in U.S. civilian courts.
In its third rebuke of the Bush administration's treatment of prisoners, the court ruled 5-4 that the government is violating the constitutional rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court's liberal justices were in the majority.
Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."
Kennedy said federal judges could ultimately order some detainees to be released, but that such orders would depend on security concerns and other circumstances.
President Bush was unhappy with the ruling. "We'll abide by the court's decision. That doesn't mean I have to agree with it," the president said during a press conference in Rome. "It was a deeply divided court, and I strongly agree with those who dissented."
Bush also said he would consider whether to seek new laws in light of the ruling "so we can safely say to the American people, 'We're doing everything we can to protect you.'"
It was not immediately clear whether this ruling, unlike the first two, would lead to prompt hearings for the detainees, some of whom have been held more than 6 years. Roughly 270 men remain at the island prison, classified as enemy combatants and held on suspicion of terrorism or links to al-Qaida and the Taliban.
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