D.C. Circuit Finds No Jurisdiction Over Challenge by Gitmo Detainees to Antiterrorism Law

The U.S. Court of Appeals for the District of Columbia Circuit upheld the part of a tough anti-terrorism law, the Military Commissions Act, signed by President George W. Bush that took away the rights of Guantanamo prisoners to challenge their detention before U.S. federal judges. By a 2-1 vote, the court ruled that the law removed federal court jurisdiction over the pending cases brought by the prisoners. “Federal courts have no jurisdiction in these cases,” Judge A. Raymond Randolph wrote for the court majority in his 25-page opinion. Judge Judith Rogers dissented.  To see the opinion, click here.

According to Reuters (here), there currently are about 395 detainees being held at the U.S. military base at Guantanamo Bay in Cuba. The first prisoners arrived more than five years ago following the September 11 attacks.

Bobby Chesney of the National Security Advisers Blog (http://www.natseclaw.com/), provides a detailed outline of the decision.

Mata Hari on the intlawgrrls (international girlls) blog (here) has blogged the case.  See the comments that follow.

KJ