No Judicial Recourse for Detainees
A federal appeals court has upheld the Military Commissions Act, denying Guantanamo detainees access to the U.S. judicial system. Attorneys for the detainees said they would appeal the 2-1 decision, which fell along party lines, to the Supreme Court.
The 2-1 decision by the U.S. Court of Appeals for the D.C. Circuit dismisses hundreds of cases filed by foreign-born detainees in federal court and also threatens to strip away court access to millions of lawful permanent residents currently in the United States.
It upholds a key provision of the Military Commissions Act, which Bush pushed through Congress last year to set up a Defense Department system to prosecute terrorism suspects. Now, detainees must prove to three-officer military panels that they don’t pose a terror threat.
Democrats newly in charge of Congress promised legislation aimed at giving detainees legal rights. Attorneys for detainees said they would appeal Tuesday’s ruling to the Supreme Court.