Tuesday, November 25, 2008


By Marjorie Cohn, Jurist

Guantanamo detainee.
Judicial branch rejects Bush administration detention policies. (Photo: Brennan Linsley / AP)

Since the Bush administration began transporting men and boys to Guantanamo Bay in January 2002, it has tried to prevent them from presenting their cases before a neutral federal judge. Indeed, the naval base was turned into a prison camp precisely to keep the detainees away from impartial courts. The government argued that federal courts had no jurisdiction over men detained on Cuban soil. Twice, the Supreme Court rejected that argument, finding that the United States exercises complete jurisdiction and control over the Guantanamo Bay base.

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