11 Apr Is There Tea at Bagram?
Still more disappointment from Bush 44:
The Obama administration said Friday that it would appeal a district court ruling that granted some military prisoners in Afghanistan the right to file lawsuits seeking their release. The decision signaled that the administration was not backing down in its effort to maintain the power to imprison terrorism suspects for extended periods without judicial oversight.
In a court filing, the Justice Department also asked District Judge John D. Bates not to proceed with the habeas-corpus cases of three detainees at Bagram Air Base outside Kabul, Afghanistan. Judge Bates ruled last week that the three — each of whom says he was seized outside of Afghanistan — could challenge their detention in court.
For some reason, Glenn Greenwald seems to think the appeal is inconsistent with candidate Obama’s position on habeas:
Today’s Supreme Court decision ensures that we can protect our nation and bring terrorists to justice, while also protecting our core values. The Court’s decision is a rejection of the Bush Administration’s attempt to create a legal black hole at Guantanamo – yet another failed policy supported by John McCain. This is an important step toward reestablishing our credibility as a nation committed to the rule of law, and rejecting a false choice between fighting terrorism and respecting habeas corpus. Our courts have employed habeas corpus with rigor and fairness for more than two centuries, and we must continue to do so as we defend the freedom that violent extremists seek to destroy.
It’s patently obvious that there is no contradiction here. Obama was criticizing creating a legal black hole at Guantanamo; he said nothing about not creating one at Bagram…
PS: Lest anyone be confused, I am not actually criticizing Glenn. I think the Obama administration’s stance on Bagram is deplorable.