"They claim a person detained in the war on terrorism has no legal rights -- no right to a
lawyer, no right to see the evidence against them, no right to challenge their detention. In fact, the
Government has claimed detainees have no right to challenge their detention, even if they claim
they were being tortured or executed."
so does that
"Using their new detention policy, the administration has detained thousands of individuals
in secret detention centers all around the world, some of them unknown to Members of Congress.
While it is the most well-known, Guantanamo Bay is only one of them. Most have been captured
in Afghanistan and Iraq, but some people who never raised arms against us have been taken
prisoner far from the battlefield."
and that.
"Last year, in two landmark decisions, the Supreme Court rejected the administration's
detention policy. The Court held that the detainees' claims that they were detained for over two
years without charge and without access to counsel ?unquestionably describe custody in violation
of the Constitution, or laws or treaties of the United States.?
The Court also held that an American citizen held as an enemy combatant must be told the
basis for his detention and have a fair opportunity to challenge the Government's claims. Justice
Sandra Day O'Connor wrote for the majority: ?A state of war is not a blank check for the
President when it comes to the rights of the Nation's citizens.?
You would think that would be obvious, wouldn't you? But yet, this administration, in this
war, has viewed it much differently.
I had hoped the Supreme Court decision would change the administration policy.
Unfortunately, the administration has resisted complying with the Supreme Court's decision.
The administration acknowledges detainees can challenge their detention in court, but it
still claims that once they get to court, they have no legal rights. In other words, the
administration believes a detainee can get to the courthouse door but cannot come inside."
that too.
Source