White House: Guantanamo Prisoners Can’t File Lawsuits in Civilian Courts

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

WASHINGTON — The Bush administration said yesterday that Guantanamo Bay prisoners have no right to challenge their detentions in civilian courts and that lawsuits by hundreds of detainees should be dismissed.

In court documents filed with the U.S. Court of Appeals for the District of Columbia Circuit, the Justice Department defended the military’s authority to arrest people oversees and detain them indefinitely without access to courts.

It’s the first time that argument has been spelled out since President Bush signed a law last month setting up military commissions for the thousands of foreigners being held in American prisons abroad.

Mr. Bush hailed the law as a crucial tool in the war on terrorism and said it would allow prosecution of several high-level terror suspects.

Human-rights groups and attorneys for the detainees say the law is unconstitutional. Prisoners normally have the right to challenge their imprisonment.

The Justice Department said yesterday that detainees have no constitutional rights. Giving military detainees access to civilian courts “would severely impair the military’s ability to defend this country,” government attorneys wrote.

“Congress could have simply withdrawn jurisdiction over these matters and left the decision of whether to detain enemy aliens held abroad to the military,” the Justice Department wrote.


The New York Sun

© 2025 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  Create a free account

or
By continuing you agree to our Privacy Policy and Terms of Use