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Sen. Graham Moves to Terminate Detainee Access to Courts

It’s an end-run around the Supreme Court's decision that Guantanamo detaineesthe legality of their detentions.
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Breaking: Senator Lindsay Graham is introducing an Amendment to the defense appropriations bill pending in the Senate (S. 1042) that would strip those designated by the Administration as enemy combatants of the ability to seek habeas review in federal courts. This is an end-run around the Supreme Court's decision in Rasul v. Bush which held Guantanamo detainees have the right to challenge the legality of their detentions.

According to Graham's talking points for the bill (which I received by e-mail) his amendment would prohibit detainees from using the court to challenge:

  • The legality of their detentions
  • The propriety of returning detainees to their home countries
  • Adequacy of medical care at Guantanamo
  • Quality of the food
  • Speed of mail delivery
  • Allotment of exercise time and other conditions of confinement
  • You can read the text of his amendment here. (pdf) (scroll down, the first page is blank.)

    This would effectively end all litigation brought on behalf of the detainees at Guantanamo Bay, as well as any future litigation on behalf of those imprisoned at the CIA secret detention camps. This bill is intended to have retroactive application.

    Please call your senators as soon as possible and urge them to vote against the Graham amendment.

    The Center for Constitutional Rights is urging bloggers to get the message out that Graham's amendment needs a swift defeat. Please, do your part.

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