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It helped win the historic Boumediene v. Bush Supreme Court case. It affirmed Guantanamo detainee habeas rights. It lets them petition for release from lawlessly imposed custody.
It's done them no good. Obama enforces police state harshness. He does so at home and abroad. Justice Anthony Kennedy disagrees. He wrote the majority Boumediene opinion.
He said America maintains complete jurisdiction over Guantanamo regardless of its offshore location. He's against political branches "govern(ing) without legal restraint."
He expressed concern about usurping "power to switch the Constitution on or off at will." Doing so "lead(s) to a regime in which they, not this Court, say 'what the law is.' ""Even when the United States acts outside its borders, its powers are not 'absolute and unlimited' but are subject 'to such restrictions as are expressed in the Constitution."
He called habeas "an indispensable mechanism for monitoring the separation of powers."
"The test for determining (its) scope must not be subject to manipulation by those whose power it is designed to restrain."
He and others agree. This bedrock right has no adequate substitute. Obama disregards it lawlessly. He's contemptuous of fundamental human rights. He spurns rule of law principles. He lets torture and other abuses continue. More on that below.
CCR details Gitmo by the numbers . Everyone needs to know. Few detainees were charged. Most were innocent victims. So are those remaining.
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