(updated below - Update II)
Few issues highlight Barack Obama's extreme hypocrisy the way that Bagram does. As everyone knows, one of George Bush’s most extreme policies was abducting people from all over the world -- far away from any battlefield -- and then detaining them at Guantanamo with no legal rights of any kind, not even the most minimal right to a habeas review in a federal court. Back in the day, this was called "Bush's legal black hole." In 2006, Congress codified that policy by enacting the Military Commissions Act, but in 2008, the Supreme Court, in Boumediene v. Bush, ruled that provision unconstitutional, holding that the Constitution grants habeas corpus rights even to foreign nationals held at Guantanamo. Since then, detainees havewon 35 out of 48 habeas hearings brought pursuant to Boumediene, on the ground that there was insufficient evidence to justify their detention.
Snips: A military attorney for one of the Sept. 11 defendants at Guantanamo Bay predicted on Tuesday the Pakistani would at best see only a sliver of classified evidence and would be convicted in what amounts to "a top secret trial."
Mizer said that on four occasions while defending another Guantanamo detainee, he himself was barred from seeing classified documents the government presented to a military judge, even though the Navy lawyer has security clearance. "I cannot rebut evidence that I cannot see, and we can lose legal motions based upon evidence that is not available to defense attorneys with the highest levels of security clearance," Mizer said.
Attorney seeks clearance for 9/11 defendant - AP
By ANDREW O. SELSKY – 20 hours ago
SAN JUAN, Puerto Rico (AP) — A military attorney for one of the Sept. 11 defendants at Guantanamo Bay predicted on Tuesday the Pakistani would at best see only a sliver of classified evidence and would be convicted in what amounts to "a top secret trial."
Supreme Court to decide 9-11 abuse case
Mon Jun 16, 2008 10:56am EDT
By James Vicini
WASHINGTON (Reuters) - The Supreme Court said on Monday it would decide whether a lawsuit can proceed against the former U.S. attorney general and the FBI director in a case brought by a Pakistani man who said he was abused in detention after the September 11 attacks.
The high court agreed to hear an appeal by former U.S. Attorney General John Ashcroft and FBI Director Robert Mueller, arguing they cannot be held personally liable in the lawsuit by Javaid Iqbal, who was held more than a year at a Brooklyn detention center after the September 11 attacks.
The decision followed last week's landmark Supreme Court ruling that held the Guantanamo Bay prisoners can go before U.S. federal judges to seek their release, a setback for President George W. Bush.
Iqbal, a Muslim, said in the lawsuit he was subjected to unlawful ethnic and religious discrimination and subjected to verbal and physical abuse, including unnecessary strip searches and brutal beatings by guards on two occasions.