In re: Guantanamo Detainee Cases, United States District Court for the District of Columbia, Judge Joyce Hens Green, January 31, 2005 [refusing to grant a government motion to dismiss a case by 12 Guantanamo detainees claiming that military tribunals for terror suspects are unconstitutional and that Guantanamo prisoners can claim constitutional protections].Excerpt:
Of course it would be far easier for the government to prosecute the war on terrorism if it could imprison all suspected "enemey combatants" at Guantanamo Bay without having to acknowledge and respect any constiutional rights of detainees. That, however, is not the relevant legal test. By defintion, constitutional limitations often, if not always, burden the abilities of government officials to serve their constituencies. Although this nation must unquestionably take strong action under the leadership of the Commander in Chief to protect itself against enormous and unprecedented threats, that necessity cannot negate the existence of the most fundamental rights for which the people of this country have fought and died for well over two hundred years.Read the memorandum opinion [PDF] and order [PDF]. Reported in JURIST's Paper Chase here.