Appeals court rules due process rights don't apply to Guantanamo detainees

[sl8]

Decision (pdf) : https://www.cadc.uscourts.gov/internet/opinions.nsf/D0E6FA5B87B19006852585D2004F674C/%24file/19-5079-1858799.pdf

Article, from https://thehill.com/regulation/court-battles/514170-appeals-court-rules-due-process-rights-dont-apply-to-guantanamo

Appeals court rules due process rights don't apply to Guantanamo detainees

August 28, 2020 - 02:50 PM EDT
BY HARPER NEIDIG

A federal appeals court ruled on Friday that foreign detainees at Guantanamo Bay do not have the right to make due process claims in court.

The decision from the three-judge panel on the D.C. Circuit Court of Appeals ruled that the Due Process Clause of the Constitution does not apply to those held at the military base.

Judge Neomi Rao, who was appointed to the court by President Trump, wrote in the decision that "the Due Process Clause may not be invoked by aliens without property or presence in the sovereign territory of the United States."

[...]

[beachbumbob]

1. thats the entire purpose of Guantanamo Bay

[Baitball Blogger]

5. +1

[Volaris]

2. Oh for fucks sake, not this bullshit again.

Constitutional Rights are just Human Rights that should apply to anyone under the jurisdiction of the Federal Government, PERIOD FUCKING END.

The goddamn patriot act should have been repealed 10 years ago.

[Buckeyeblue]

3. Some of the people detained at Guantanamo have been there 18 years

I remember at some point there were going to be military tribunals. But I don't know that I've heard of that ever happening. At some point there is going to be a geriatric issue.

[FBaggins]

6. There were tribunals

Al Hela is arguing that his should be overturned on due process grounds because (among other things) he couldn’t access classified information.

It’s worth noting that the court didn’t just say “you don’t have such rights... so buzz off”. Many of the specific claims were addressed as though he had the right but the facts didn’t support his claim that the right had been violated.

[FBaggins]

4. Nothing new there

Even three republican appointees can apply existing precedent:

“The Supreme Court has long held that non-resident aliens who have insufficient contacts with the United States are not entitled to Fifth Amendment protections

Worth noting that this is 5A due process... not due process in general. SCOTUS recognized 14A due process in such cases and a panel of the DC circuit can’t do anything about that.