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View Diary: Due process at Guantánamo (78 comments)

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  •  this is silly beyond measure (2+ / 0-)
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    rhutcheson, not a cent

    Even if they had access to civilian courts, they'd have been kept locked up (and without habeas review) for years on end? Of all the strange things you've claimed on this thread, this is the oddest of all.

    •  If they had access to civilian courts (0+ / 0-)

      that access would not have been instantaneous.  To see how long a habeas proceedings can take, look at various capital habeas cases.  For instance, the federal habeas petition for Mumia Abu Jamal was filed in 1999.  The District Court ruled on the petition in 2001.  The appeal was filed in the Third Circuit in 2001, but was not heard until May 2007.  It is now December 2007, and no decision has issued yet.  This makes for 8 years of litigation (during which Mr. Jamal continues to sit in jail).  

      There is little reason to believe that the habeas claims of Gitmo detainees would be handled any faster, and while the claims were processed they of course would remain in detention.

      Additionally, the detainees would most likely not be able to file claims immediately, as the military would be given sufficient leeway to debrief and interrogate them.  That period could very well take a year or so.  

      Thus, even if there were access to a civilian court system, and even if the courts were ordering releases, it is questionable that these releases would have occured any quicker than they are occuring now.  

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