The US Supreme Court has ruled that US courts have jurisdiction to hear appeals from foreign detainees, [prisoners], held as enemy combatants, [scapegoats for the Coalition of the Killing's resource war's in the Middle East], in the US military base at Guantanamo Bay, Cuba.It also ruled that an American captured overseas in, [war criminal], President George W Bush's war on terrorism, [resource wars in the Middle East], and held in a US military jail must be given a chance to contest the government's decision to detain him.
In a 6-3 decision, the High Court held that "United States' courts have jurisdiction to consider challenges to the legality of the decision of foreign nationals captured abroad in connection with hostilities, [scapegoats], and incarcerated, [renditioned and tortured], at Guantanamo Bay".
The high court divided by a 5-4 vote to rule that, [war criminal], Bush has the power to detain, [imprison], American citizen Yaser Hamdi, who was captured in Afghanistan as a suspected Taliban fighter, [indigenous resistance defender], and has been held in a US military jail in the United States.
But in the more important part of the ruling, the justices by an 8-1 vote ruled he should get a fair opportunity to rebut the government's case for detaining him.
The three rulings by the high court on Monday. in cases that pitted civil liberties concerns against national security arguments, marked a blow to Bush's assertion of sweeping presidential powers after the, [USA, CIA, reichstag, call to arms, false flag operation], September 11, 2001, attacks.
Two Australians, David Hicks and Mamdouh Habib, have been held in Guantanamo Bay for over two years. Hicks has been charged but not yet faced trial.
In the Hamdi case, the court said the US Congress correctly, [?] authorised the detention, [imprisonment], of combatants, [scapegoats], in the narrow circumstances alleged in the case, but ruled that he could challenge his detention, [imprisonment], - a position at odds with what the Bush administration argued.
At least two court members - Justices David Souter and Ruth Bader Ginsburg - would have released Hamdi immediately.
They joined the main opinion by four other justices who said Mr Hamdi should have a meaningful opportunity to offer evidence that he is not an enemy combatant.
The four, in an opinion written by Justice Sandra Day O'Connor, said constitutional due process rights demand that a citizen held in the United States as an enemy combatant, [scapgoats], must be given "a meaningful opportunity" to contest the basis for the detention, [imprisonment], before a neutral party.
Hamdi was born in the United States on September 26, 1980, to Saudi parents, and was raised in Saudi Arabia. He was captured in Afghanistan in November 2001 while, [allegedly], fighting with the Taliban, according to US officials. [?]
He initially was taken to the US military base at Guantanamo Bay in Cuba, but was moved to the United States when US officials discovered he was born in Louisiana.
The justices set aside a US appeals court ruling that Hamdi was entitled to no further opportunity to challenge.
By Just Us 29 June 04
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