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Over the next few months, Johnson would repeatedly side with the Yale team. Johnson rejected the idea that the Constitution does not extend to Guant??namo, observing that the Haitians were on territory under the “complete jurisdiction and control” of the U.S. government. His arguments eerily presage those that would be made almost 15 years later to contest the holding of enemy combatants without charges...

Author: By David Zhou, CRIMSON STAFF WRITER | Title: A Gitmo Vacation? A Precedent Scrapped | 12/2/2005 | See Source »

...legal battles for Koh and his students, however, were far from over. Bush changed tactics, and the Coast Guard started sending Haitians home without stopping at Guant??namo. In a defeat for the Yale team, the Supreme Court eventually upheld the Bush policy. Koh also had to juggle a separate case before Johnson that urged the release of the remaining HIV-positive refugees, including Pascal, from the squalid conditions on the naval base...

Author: By David Zhou, CRIMSON STAFF WRITER | Title: A Gitmo Vacation? A Precedent Scrapped | 12/2/2005 | See Source »

...also makes it easy to develop emotional attachments with the students—who are alternately discouraged, distraught, and joyous, but always passionate—and with Pascal, who leads a hunger strike on Guant??namo and represents the other refugees in demanding respect and freedom...

Author: By David Zhou, CRIMSON STAFF WRITER | Title: A Gitmo Vacation? A Precedent Scrapped | 12/2/2005 | See Source »

...detainees had to be released: “The Government has failed to demonstrate to this Court’s satisfaction that the detainee’s illness warrants the kind of indefinite detention usually reserved for spies and murderers.” Pascal was finally flown off of Guant??namo and settled in New York, where her children and her mother later joined...

Author: By David Zhou, CRIMSON STAFF WRITER | Title: A Gitmo Vacation? A Precedent Scrapped | 12/2/2005 | See Source »

...ruling wouldn’t be binding for similar cases in the future. In exchange, the Justice Department offered to offset part of the university’s legal fees. As a former presidential adviser told Goldstein, the administration wanted “maximum flexibility” on Guant??namo, “confident that they would do the right thing but not wanting to be forced by law to have...

Author: By David Zhou, CRIMSON STAFF WRITER | Title: A Gitmo Vacation? A Precedent Scrapped | 12/2/2005 | See Source »

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