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MisterP

(23,730 posts)
Tue Aug 7, 2012, 10:08 PM Aug 2012

Military limiting Guantanamo detainee access to lawyers [View all]

Source: CNN

By Bill Mears, CNN Supreme Court Producer

The Obama administration has begun limiting the legal rights of terror suspects held at the Guantanamo Bay military prison in Cuba, telling a federal judge Tuesday the government alone should decide when the prisoners deserve regular access to their counsel.

In a 52-page filing, Justice Department lawyers said they have started restricting when Guantanamo prisoners can challenge their detention in a Washington-based federal court. If approved, any relaxing of the rules would be made on a case-by-case basis at the exclusive discretion of military officials, not by the courts.

At issue is whether a Supreme Court decision on detainee rights from 2008 gives federal courts the ultimate power to control so-called "habeas" petitions from foreign combatants in U.S. military custody. Volunteer private lawyers say they deserve regular access to their imprisoned clients, even if there is no active habeas challenge pending in court, or any pending charges.

Under the proposed changes, the Navy base commander at Guantanamo would have sole veto power over attorney access, as well as access to classified material, including information provided directly by the detainees from interrogations.

Read more: http://security.blogs.cnn.com/2012/08/07/military-limiting-guantanamo-detainee-access-to-lawyers/?hpt=hp_t1

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