9th Circuit: Terror Suspects Deserve U.S. Courts

NEWSMAX ^ | Dec. 18, 2003 | NewsMax

[RISU]

9th Circuit: Terror Suspects Deserve U.S. Courts and Lawyers NewsMax.com Wires Thursday, Dec. 18, 2003 SAN FRANCISCO – A federal appeals court ruled Thursday for the first time that prisoners held at Guantanamo Bay Naval Base in Cuba should have access to lawyers and the American court system. The 9th U.S. Circuit Court of Appeals' 2-1 decision was a rebuke to the Bush administration.

The administration maintains that because the 660 men held there were picked up overseas on suspicion of terrorism and are being held on foreign land, they may be detained indefinitely without charges or trial.

The Supreme Court last month agreed to decide whether the detainees, picked up in Afghanistan and Pakistan, should have access to the courts. The justices agreed to hear that case after the U.S. Court of Appeals for the District of Columbia ruled that the prisoners had no rights to the American legal system.

The San Francisco appeals court, ruling Thursday on a petition from a relative of a Libyan the U.S. military captured in Afghanistan, said the Bush administration's indefinite detention of the men ran contrary to American ideals.

"Even in times of national emergency - indeed, particularly in such times - it is the obligation of the Judicial Branch to ensure the preservation of our constitutional values and to prevent the Executive Branch from running roughshod over the rights of citizens and aliens alike," Judge Stephen Reinhardt wrote for the majority.

"We cannot simply accept the government's position," Reinhardt continued, "that the Executive Branch possesses the unchecked authority to imprison indefinitely any persons, foreign citizens included, on territory under the sole jurisdiction and control of the United States, without permitting such prisoners recourse of any kind to any judicial forum, or even access to counsel, regardless of the length or manner of their confinement."

© 2003 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

[RISU]

The 9th Circuit court is insane.

[Bikers4Bush]

And it is also the most overturned court in the nation so this ruling from them is neither unexpected or terribly worrisome.

Especially since they really had no jurisdiction to hear the case in the first place.

[bobjam]

Should Iraqi POW's have access to lawyers and courts as well?

[Bikers4Bush]

Exactly.

[Desron13]

"9th Circuit: Terror Suspects Deserve U.S. Courts"

Yes. Terrorists and the 9th Circuit Court most certainly deserve each other.

[jtminton]

I wonder how these same Justices(sic) would react if terrorists flew planes into the 9th Circuit Court building?

[ysoitanly]

I am gritting my teeth when I say this, especially living in Kollyfornneyah - but the 9th circuit ruled CORRECTLY for once. As much as I hate the fact that we are more willing to let the people who want to kill us get off scot-free, the court apparently correctly interpreted the law. Please do NOT flame me for this, because I DISAGREE with the premise, but under the law, since the President did not declare official 'war', these detainees are, under the Constitution, entitled to counsel. It SUCKS, but unless someone can cite a precedent, it's the law.

[Prime Choice]

Leave it to the the Clinton-appointed 9th Circus to willingly put terrorists ahead of Americans!

We recalled the governor...why can't we recall those clowns??

[LibWhacker]

The 9th Circuit should be locked up at Gitmo. They are as big a threat to America as any illiterate al Qeadan.

[Prime Choice]

I wonder how these same Justices(sic) would react if terrorists flew planes into the 9th Circuit Court building?

They'd wail, wring their hands, and wonder what they'd done to upset the terrorists. Then they'd offer a land-for-peace deal.

Typical Leftist approach to everything. Blame the victim, reward the attacker.

[BigLittle]

Send the entire 9th circuit to Gitmo, and just to be sure that they help all in custody there, leave them there for four or five years.

[Bikers4Bush]

They aren't on U.S. soil. We may hold a lease on it but we do not own it.

It could safely be assumed that Gitmo should be treated as any other foreign base in the world. If our military is the only entity that has jurisdiction on those bases then the same should be held for Gitmo.

In other words if this ruling stands then if Hussein is being held on one of our bases the ruling would apply to him as well. There's no way in hell that's the case.

[ysoitanly]

But the problem is the jurisdiction and the rules which were not properly laid out. We are calling then 'enemy combatants', NOT prisoners of war. They are in legal limbo, and according to the Constitution, every 'person' shall have the right to face his accuser. They have not had a military tribunal, either, because they have not been identified as such individuals who are 'entitled' to one. I DO NOT AGREE, but apparently, it is the law, and I blame the Administration this time for dropping the ball.

[Quix]

WOULDN'T IT BE MORE FITTING AND ACCURATE

to say . . . to order, even . . .

that the

9TH CIRCUIT COURT DESERVES [CONFINEMENT WITH] THE TERRORISTS!

Perhaps until hell freezes over.

[Bikers4Bush]

They haven't had a military tribunal YET. Major distinction.

I have to believe that the administration lawyers looked over all this long before the 9th thought it had jurisdiction to rule.

The fact is that it doesn't. The only reason a case was made there is because those bringing it knew the 9th would rule in their favor.

If I'm not mistaken this has all already been taken up on the east coast and the courts quickly (and correctly) shot it down since they had no jurisdiction.

This is just the 9th legislating from the bench and it will be overturned just like all their other idiotic rulings.

[Tacis]

I didn't understand the part about "...any poor or disadvantaged prisoners in Cuba ... must get a little paper umbrella in every drink..." What's up with that?

[RetiredArmy]

The 9th CIRCUS Court of Appeals. I wonder, really wonder when the people of this country are going to wake up, even if they can wake up, to what is going on in our courts and down the muddy slope we are sliding. I suppose Hitler should have been arrested and brought to San Francisco to be tried by this mob. Then he could have been found not guilty and released to live in a quiet little bungalow on the beach with his friends, the leftist liberals elites of the socialist party of America, the democrats.

[Avoiding_Sulla]

why can't we recall those clowns??

Better: Why can't we forget them!

Solution:
Congress redefines the Ninth Circus' jurisdiction to all American territories between the West coast of Guam and the East coast of Asia. (There may be a sponge or shark fittingly in need of their service.)

[Destructor]

Where's Remo Williams when we really need him?

[thiscouldbemoreconfusing]

Well, all I have to say to those judges is this:

"Yer honor, you want them before you, well sar, perhaps y'all had best hop a plane on down to cuba, and just tell those Marines on Gitmo who you are and demand they give them terrorist to ya,"

Now, if those judges are willing to do that, then I guess I'd have to only agree to disagree with them.