February 20, 2007

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Inclusion of an Exclusion A federal appeals court upheld the Military Commissions Act: Findlaw for the Public -. (AP) - WASHINGTON-Guantanamo Bay detainees may not challenge their detention in U.S. courts, a federal appeals court said Tuesday, a ruling that upholds a crucial provision of a law at the center of President George W. Bush's campaign against terror. The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that civilian courts no longer have the authority to consider whether the U.S. military is holding foreigners illegally at the Guantanamo naval base in Cuba. Barring detainees from the U.S. court system was a primary provision in the Military Commissions Act, which Bush pushed through Congress last year to set up a system to prosecute terror suspects. The ruling is all but certain to be appealed to the U.S. Supreme Court, which last year struck down the Bush administration's original plan for trying detainees before military commissions. The Military Commissions Act was crafted in response to that decision, and Bush described it as a necessary tool for bringing terror suspects to justice. Civil libertarians and leading Democrats decried the law as unconstitutional and a violation of American values. The law allows the government to detain indefinitely foreigners who have been designed as "enemy combatants" and authorizes the CIA to use aggressive but undefined interrogation tactics. The most criticized provision of the law was the one stripping U.S. courts of the authority to hear arguments from detainees who contended they were being held illegally....

Jodi Dean

Jodi Dean is a political theorist.

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