Court rules Obama’s detention powers not limited by laws of war

gitmoThe Washington, D.C. Circuit Court of Appeals issued a ruling Tuesday that upholds the Bush administration’s broad claims of executive power to detain non-citizens.

The case, Al-Bihani v. Obama, “was the first by the Circuit Court to directly apply the Supreme Court’s 2008 decision in Boumediene v. Bush creating a constitutional right for Guantanamo Bay detainees to challenge their captivity,” according to the SCOTUS blog. “Unless reviewed and overturned either by the en banc Circuit Court or the Supreme Court, the new decision will control how scores of detainee cases are resolved in District Court in Washington.”

The defendant in the case, whose habeas petition was denied by the court, is Ghaleb Nassar Al Bihani, a citizen of Yemen who served Taliban fighters as a cook and claims he never even fired a shot.

“After all, as Napoleon himself was fond of pointing out, ‘An army marches on its stomach,’” wrote U.S. District Judge Richard Leon in early 2009, in a ruling that allowed Al-Bihani’s continued imprisonment.

Full Story Court rules Obama’s detention powers not limited by laws of war | Raw Story.

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