Another Nail In The Habeas Coffin

Judges bar habeas corpus for detainees
Appellate ruling says captives can't use U.S. courts, gives White House a victory

In a 2-1 decision, the judges said the Constitution does not extend the right of habeas corpus to noncitizens who are held outside the sovereign territory of this country. "Cuba -- not the United States -- has sovereignty over Guantanamo Bay," wrote Judge Raymond Randolph.

Full wire service article, SF Chronicle, February 21, 2007

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What a doozie.

Uh, if Cuba has "sovereignty" over Guantanamo Bay...then why hasn't Fidel freed the prisoners?

In another sign of the effect of the cramming of the Federal Courts with rightwing puppets, this decision came from the District Of Columbia Circuit, which, for many years leading up to Reagan, was highly respected. No more.

Not answered in the article: Does the Court still have the power/ability/jurisdiction to determine whether the incarcerated is indeed a foreigner?

The wire services should hire me to think--a fading art--about things like that.

Another unresolved issue is whether DerBu$hler, by declaring someone to be an enemy combatant, can thereby cut off their access to the US Courts.

And does it matter whether they're in Harpers Ferry (insurrection) or Kabul? Is Afghanistan US Territory any less than Guantanamo Bay?

TLC