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High Court ruling may delay war crimes trials\nBy MARK SHERMAN
\nAssociated Press Writer
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\nWASHINGTON (AP) — The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.
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\nIn its third rebuke of the Bush administration’s treatment of prisoners, the court ruled 5-4 that the government is violating the rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court’s liberal justices were in the majority.
\nJustice Anthony Kennedy, writing for the court, said, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”
\nKennedy said federal judges could ultimately order some detainees to be released, but that such orders would depend on security concerns and other circumstances.
\nThe White House had no immediate comment on the ruling. White House press secretary Dana Perino, traveling with President Bush in Rome, said the administration was reviewing the opinion.
\nIt was not immediately clear whether this ruling, unlike the first two, would lead to prompt hearings for the detainees, some of whom have been held more than 6 years. Roughly 270 men remain at the island prison, classified as enemy combatants and held on suspicion of terrorism or links to al-Qaida and the Taliban.
\nThe ruling could resurrect many detainee lawsuits that federal judges in Washington put on hold pending the outcome of the high court case. The decision sent judges, law clerks and court administrators scrambling to read Kennedy’s 70-page opinion and figure out how to proceed. Chief Judge Royce C. Lamberth said he would call a special meeting of federal judges to address how to handle the cases.
\nThe decision also cast doubt on the future of the military war crimes trials that 19 detainees are facing so far. The Pentagon has said it plans to try as many as 80 men held at Guantanamo.
\nThe lawyer for Salim Ahmed Hamdan, Osama bin Laden’s one-time driver, said he will seek dismissal of the charges against Hamdan based on Thursday’s ruling. A military judge had already delayed the trial’s start to await the high court ruling.
\nThe administration opened the detention facility at Guantanamo Bay shortly after the Sept. 11, 2001, terrorist attacks to hold enemy combatants, people suspected of ties to al-Qaida or the Taliban.
\nThe Guantanamo prison has been harshly criticized at home and abroad for the detentions themselves and the aggressive interrogations that were conducted there.
\nThe court said not only that the detainees have rights under the Constitution, but that the system the administration has put in place to classify them as enemy combatants and review those decisions is inadequate.
\nThe administration had argued first that the detainees have no rights. But it also contended that the classification and review process was a sufficient substitute for the civilian court hearings that the detainees seek.
\nIn dissent, Chief Justice John Roberts criticized his colleagues for striking down what he called “the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants.”
\nJustices Samuel Alito, Antonin Scalia and Clarence Thomas also dissented.
\nScalia said the nation is “at war with radical Islamists” and that the court’s decision “will make the war harder on us. It will almost certainly cause more Americans to be killed.”
\nJustices Stephen Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens joined Kennedy to form the majority.
\nSouter wrote a separate opinion in which he emphasized the length of the detentions.
\n“A second fact insufficiently appreciated by the dissents is the length of the disputed imprisonments, some of the prisoners represented here today having been locked up for six years,” Souter said. “Hence the hollow ring when the dissenters suggest that the court is somehow precipitating the judiciary into reviewing claims that the military … could handle within some reasonable period of time.”
\nThe court has ruled twice previously that people held at Guantanamo without charges can go into civilian courts to ask that the government justify their continued detention. Each time, the administration and Congress, then controlled by Republicans, changed the law to try to close the courthouse doors to the detainees.
\nThe court specifically struck down a provision of the Military Commissions Act of 2006 that denies Guantanamo detainees the right to file petition of habeas corpus.
\nHabeas corpus is a centuries-old legal principle, enshrined in the Constitution, that allows courts to determine whether a prisoner is being held illegally.
\nThe head of the New York-based Center for Constitutional Rights, which represents dozens of prisoners at Guantanamo, welcomed the ruling.
\n“The Supreme Court has finally brought an end to one of our nation’s most egregious injustices,” said CCR Executive Director Vincent Warren. “By granting the writ of habeas corpus, the Supreme Court recognizes a rule of law established hundreds of years ago and essential to American jurisprudence since our nation’s founding.”
\nFive alleged plotters of the Sept. 11 attacks appeared in a Guantanamo courtroom last week for a hearing before their war crimes trial, which prosecutors hope will start Sept. 15.
\nNavy Cmdr. Jeffrey Gordon, a Pentagon spokesman, said he had no immediate information whether a hearing at Guantanamo for Canadian Omar Khadr, charged with killing a U.S. Special Forces soldier in Afghanistan, would go forward next week as planned.
\nBush has said he wants to close the facility once countries can be found to take the prisoners who are there.
\nPresidential candidates John McCain and Barack Obama also support shutting down the prison.<\/p>\n