Whither habeas?
From Slate
Prisoners' Dilemma - How the administration is obstructing the Supreme Court's terror decisions. By Phillip Carter: "In its Rasul decision, the Supreme Court recognized the Gitmo detainees' right to file a writ of habeas corpus in federal court. But the high court never said this had to be a meaningful right to habeas corpus, nor did it define the practical parameters of such a right. Issues like the right to counsel and the proper location for habeas corpus suits were left to the imagination. Not surprisingly, the administration has seized on this ambiguity to resume its post-9/11 legal offensive in the courts. The essence of the legal strategy is to litigate every single procedural and technical issue to the full extent of the law, using the vast resources of the Justice Department to delay judicial action as long as possible. The implicit purpose is clear: to delay justice so that detainees can be held and squeezed for intelligence. "
Prisoners' Dilemma - How the administration is obstructing the Supreme Court's terror decisions. By Phillip Carter: "In its Rasul decision, the Supreme Court recognized the Gitmo detainees' right to file a writ of habeas corpus in federal court. But the high court never said this had to be a meaningful right to habeas corpus, nor did it define the practical parameters of such a right. Issues like the right to counsel and the proper location for habeas corpus suits were left to the imagination. Not surprisingly, the administration has seized on this ambiguity to resume its post-9/11 legal offensive in the courts. The essence of the legal strategy is to litigate every single procedural and technical issue to the full extent of the law, using the vast resources of the Justice Department to delay judicial action as long as possible. The implicit purpose is clear: to delay justice so that detainees can be held and squeezed for intelligence. "
posted by Bob at
6:00 PM
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