Reflections on the "New American" Revolution
Thursday, December 18, 2003
 
Courts Deal Blow to Bush on Treatment of Terror Suspects: "The Ninth Circuit rejected the administration's arguments that because the 660 men being held at Guantánamo were picked up overseas on suspicion of terrorism and being held on foreign soil, they might be held indefinitely, without charges or trial.
... 'However,' Judge Reinhardt said, '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.' He was joined in his ruling by Judge Milton I. Shadur.
At one point, the majority decision amounted to a rebuke. 'In our view,' the decision said, 'the government's position is inconsistent with fundamental tenets of American jurisprudence and raises most serious questions under international law.'"
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