From RawStory Sunday morning…
Obama administration: Guantanamo detainees have ‘no constitutional rights’
Joe Byrne, Published: Sunday March 15, 2009
Court documents filed Friday reveal that Obama’s lawyers are arguing that Ex-Guantanamo detainees have no constitutional rights.
The Center for Constitutional Rights(CCR), a non-profit legal advocacy group, is supporting four British citizens – Shafiq Rasul, Asif Iqbal, Rhuhel Ahmed and Jamal al Harith – in their suit alleging religious mistreatment and torture at Guantanamo Bay. Defendants in the case include Donald Rumsfeld and Gen. Richard Myers, the retired chairman of the Joint Chiefs of Staff. The four men say that they were “beaten, shackled in painful stress positions, threatened by dogs and subjected to extreme medical care,” according to the Miami Herald. In addition, they reported being forced to shave their beards, being banned from prayer, being denied prayer mats, and watching a copy of the Koran get tossed in the toilet.
Last year, the U.S. Circuit Court of Appeal in D.C. voted unanimously against the 4 ex-detainees. The Appeals Court claimed that the men did not fit the definition of ‘person’ in the Religious Freedom Restoration Act, because they were foreigners being held outside the United States. Months later, the Supreme Court instructed the Appeals Court to reconsider their decision, based on a Supreme Court ruling that Guantanamo detainees have some rights under the constitution. On Friday, the CCR re-filed their brief in the D.C. Court of Appeal.
Obama’s justice department is using an old strategy employed by the Bush administration. Their primary argument is that Ex-Guantanamo detainees don’t have any constitutional rights.