Closing Guantanamo Bay Fades As A Priority

But the Obama administration was undeterred by this loss. They quickly appealed JudgeBates' ruling. As the NYT put it about that appeal: "The decision signaled that the administration was not backing down in its effort to maintain the power to imprison terrorism suspects for extended periods without judicial oversight." Today, a three-judge panel of the D.C. CircuitCourt of Appeals adopted the Bush/Obama position, holding that even detainees abducted outside of Afghanistan & then shipped to Bagram have no right to contest the legitimacy of their detention in a US federal court, because Boumediene does not apply to prisons located within war zones (such as Afghanistan).



So congratulations to the UnitedStates & BarackObama for winning the power to abduct people anywhere in the world & then imprison them for as long as they want with no judicial review of any kind. When the Boumediene decision was issued in the middle of the 2008 presidential campaign, JohnMcCain called it "one of the worst decisions in the history of this country." But Obama hailed it as "a rejection of the BushAdministration's attempt to create a legal black hole at Guantanamo," & he praised the Court for "rejecting a false choice between fighting terrorism & respecting habeas corpus."



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