Habeas corpus goes worldwide

Washington Post:

Jawed Ahmad, a driver and assistant for reporters of a Canadian television network in Afghanistan, knew the roads to avoid, how to get interviews and which stories to pitch. Reporters trusted him, his bosses say.

Then, one day about seven months ago, the 22-year-old CTV News contractor vanished. Weeks later, reporters would learn from Ahmad's family that he had been arrested by U.S. troops, locked up in the U.S. military prison at Bagram air base and accused of being an enemy combatant.

Lawyers representing Ahmad filed a federal lawsuit early this month challenging his detention on grounds similar to those cited in successful lawsuits on behalf of captives at the U.S. military prison at Guantanamo Bay, Cuba. The lawyers are hoping to turn Ahmad's case and a handful of others into the next legal battleground over the rights of terrorism suspects apprehended on foreign soil. More lawsuits are expected on behalf of Bagram detainees in coming months, the lawyers said.

The lawsuits seek the right of habeas corpus for the detainees. Habeas corpus is a centuries-old legal doctrine that gives people taken into custody the right to challenge their detention before a judge.

...

This is just utter nonsense. It shows the mischief that the Supreme court has inflicted on the war effort by inserting judges into the detentions of those making war against us. This would take the process right to the battlefield. It is a result of an enemy's deliberate violations of the Geneva conventions by not wearing an identifying uniform.

Because of this gross violations the court is rewarding the misbehavior with habeas corpus rights. The courts need to stop this interference with executive's exclusive authority as commander in chief. This is an unconstitutional userpation of power the court does not and should not have.

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