Word: guant
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...combatants will change with a new Administration. Nevertheless, the U.S. military is building a new prison for what it calls "unlawful enemy combatants" at Bagram that won't be finished until Obama is well settled in the White House. "The Obama Administration is inheriting not so much a shrinking Guantánamo as an expanding Bagram," says Tina Foster, executive director of the International Justice Network, a nonprofit legal group based in New York City. (Read "Trying to Tie Obama's Hands on Gitmo...
...will be in Federal District Court in Washington on Jan. 7 to demand that those being held at Bagram get the same habeas corpus rights - the right to know the charges against them, and to be freed if a court deems those charges insufficient - that the Supreme Court gave Guantánamo detainees last summer. Their case centers on Redha al-Najar, a 43-year-old Tunisian national who has been held without charge in U.S. military custody since May 2002. Al-Najar was arrested in Karachi, Pakistan, where he had been living with his wife and child. According...
...What the Pentagon calls "the long war" on terror has led the U.S. military to seek a way to keep people it deems a threat behind bars indefinitely. While Guantánamo's unique status - far from the battlefield yet subject to total U.S. sovereignty - led the Supreme Court to grant Gitmo detainees habeas relief, the U.S. government argues that neither circumstance applies at Bagram. "Federal courts should not thrust themselves into the extraordinary role of reviewing the military's conduct of active hostilities overseas, second-guessing the military's determination as to which captured aliens as part of such...
...Najar case presents Obama with a tough choice. If he keeps the existing rules at Bagram, he'll have to justify why those prisoners should be treated more harshly than those who ended up at Guantánamo. But if he wants them handled the same way as the Guantánamo detainees, he's going to run afoul of the U.S. military's wishes. Given Obama's promise to nearly double the number of U.S. troops in Afghanistan, that's not something he wants to do. And the Pentagon argues that giving those held at Bagram habeas relief would...
...alien enemy combatants detained in a theater of war the privilege of access to our civil courts is unthinkable both legally and practically." But Foster, one of the lawyers representing al-Najar, sees the case from another angle. "Does Obama," she asks, "really want to have Bagram be his Guantánamo for the next four years...