Judge rules terror suspects in Afghanistan prisons can sue in US courts

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WASHINGTON (CNN) -- Alleged terrorists held at a U.S. military prison in Afghanistan can challenge their detention in federal court, a U.S. judge ruled Thursday.

District Court Judge John Bates denied a motion from the Obama administration to block four men from appealing their continued imprisonment. Each of the prisoners has been held at Bagram Air Field for six years or more.

Bates concluded these cases "closely parallel" those of accused enemy combatants held in the detention facility at the U.S. naval base at Guantanamo Bay, Cuba, "in large part because the detainees themselves as well as the rationale for detention are essentially the same."

The Bush administration had argued the president retained broad war powers to detain accused terrorists indefinitely, while affording them limited hearings before military tribunals. Bush officials also argued civilian courts have limited jurisdiction to hear detainee appeals.

The new administration has pulled back somewhat from those policies but has still argued foreign nationals held at Bagram have fewer rights than their counterparts in Cuba.


report: http://www.cnn.com/2009/POLITICS/04/02/us.afghan.detainees/

[geek tragedy]

1. The key part is that the US shipped those guys there to create

a Gitmo loophole. Fighters detained in Afghanistan would probably not have any luck.

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2. and,

it appears to me that the Obama administration wanted to use Baghram as a consequence-free zone, much like Bush intended in Guantanamo.

[geek tragedy]

3. Well, more likely they want to be exceedingly cautious

when litigating this kind of stuff.