U.S. Appeals Court: Gov't cannot cherry-pick evidence in Gitmo detainee appeals
The Washington Post reports Friday that the U.S. Court of Appeals for the District of Columbia has ruled unanimously against the Bush administration in cases where Guantanamo Bay detainees contest their "enemy combatant" status.
In "Combatant Status Review Tribunals," the government is allowed to withhold evidence, and the detainee is not granted access to legal counsel. When contesting an "enemy combatant" designation, however, the court states that the government "may withhold from counsel, but not from the court, certain highly sensitive information."
The ruling also points out that, without all the evidence, it's virtually impossible to know whether the government acted appropriately in the original Tribunal.
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Excerpts of the original article follow:
The appeals court decision is likely to be considered by the Supreme Court as it decides whether detainees should have greater access to U.S. civilian courts.
"The court has resoundingly rejected the government's effort to control the record and to limit an investigation into the truth," said attorney Sabin Willett, who argued the case.
[Attorney David] Remes also said that "it's clear from the decision that the review under the Detainee Treatment Act falls short of constitutionally required habeas corpus review." The Supreme Court will soon consider whether detainees have the right to challenge their detention in federal courts. That right was stripped away by the most recent terrorism law.
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The entire Washington Post article can be read HERE.
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