Sweet. Some good news for our security, and the pleasant prospect of some heads exploding all over the left. What a great Friday so far. From the NYT.
WASHINGTON — A federal appeals court ruled on Friday that prisoners being held without trial in Afghanistan by the military have no right to challenge their imprisonment in American civilian courts. The decision, overturning a lower court ruling in the detainees’ favor, was a victory for the Obama administration’s efforts to hold terrorism suspects overseas for extended periods without judicial oversight.
In a unanimous 26-page ruling, a panel of the United States Court of Appeals for the District of Columbia ruled that detainees who were captured outside of Afghanistan and brought to a military prison at the Bagram air base have no right to a hearing in which a judge would review the evidence against them and could potentially order their release.
Here is where it will certainly get interesting, prisoners at Gitmo got habeas rights...but:
When the Bush administration set up the Guantánamo military prison in early 2002, it argued that civilian courts had no jurisdiction to interfere with executive-branch decisions about the detainees it brought there. But in a series of rulings, culminating in a 2008 case, the Supreme Court declared that such detainees could challenge the basis for their imprisonment in federal court, in part because the naval base there is, in effect, United States soil.
That ruling increased the importance of other overseas prisons, including the one at the Bagram air base. The Bush administration stopped bringing new detainees to Guantánamo, while arguing that Bagram remained outside court jurisdiction.
So now I may have to change my mind about closing Gitmo and get behind a 100 year lease on some mountain property in the Stan where we can house these wankers in the "free of access to US courts" style they need to become accustomed to. I assume this will go back in front of the Supremes, but I don't see why the previous votes would change. The ones who gave habeas to the Gitmo weasels did so based on it's status as US soil. As long as we keep that from happening to the Bagram facility we can do all the torturing interrogating we want in complete isolation from Eric Holder's colleagues still working in civilian practice to free our enemies. Hurray!