Ethics

Bagram detainees can access American courts

By Ed Brayton

In a momentous ruling, Judge John D. Bates of the U.S. District Court for the District of Columbia has declared that detainees held at the Bagram military prison in Afghanistan have the right to challenge their detention in civilian courts in the United States, much like the Supreme Court earlier ruled the same about those held at Guantanamo Bay. See full ruling here.

This decision is absolutely huge. And it was handed down by a conservative Republican judge who was appointed by George W. Bush, served as Ken Starr's deputy on the Whitewater investigation and was appointed by Chief Justice John Roberts to serve on the FISA court. This can't just be dismissed as some wide-eyed ACLU liberal being a judicial activist (though I'm sure they'll try).

Full post as published by Dispatches from the Culture Wars on April 06, 2009 (boomark / email).