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Federal Judge Rules Gitmo Detainees Can Go to Court


A federal court judge ruled today that those held in Guantanamo Bay as suspected terrorists can challenge their confinement in U.S. courts. The Bush Administration has previously ruled that these people are 'enemy combatants' and therefore did not have to be charged with any crime and had no access to the American court system.

Judge Joyce Hens Green held, 'Although this nation unquestionably must take strong action under the leadership of the commander in chief to protect itself against enormous and unprecedented threats, that necessity cannot negate the existence of the most basic fundamental rights for which the people of this country have fought and died for well over 200 years.'

The case was filed by more than 50 of the roughly 550 detainees held at the U.S. Naval base at Guantanamo Bay, Cuba.

Judge Green also ruled that the tribunals to determine if the Gitmo prisoners are 'enemy combatants' were unconstitutional since the defendants were not given access to attorneys and were given few, if any, legal rights.

Two weeks ago, a different federal court judge ruled that the detainees did not have access to the U.S. legal system to attempt to win their freedom. Judge Richard Leon's ruling and that of Judge Green may have to go to the United States Supreme Court to resolve the conflicting rulings.

The government is expected to announce that it will appeal today's decision.

Brad Kurtzberg

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