Moving quickly to implement the bill signed by President Bush this week that authorizes military trials of enemy combatants, the administration has formally notified the U.S. District Court here that it no longer has jurisdiction to consider hundreds of habeas corpus petitions filed by inmates at the Guantanamo Bay prison in Cuba.
In a notice dated Wednesday, the Justice Department listed 196 pending habeas cases, some of which cover groups of detainees. The new Military Commissions Act (MCA), it said, provides that "no court, justice, or judge" can consider those petitions or other actions related to treatment or imprisonment filed by anyone designated as an enemy combatant, now or in the future.
The lawyers for the detainees where ready and waiting for the government to make it's move. I fully expect this to get back to the Supreme Court shortly.
This may be the most important matter brought before the Supreme Court in our generation. If the court allows laws that put any part of the legal system outside judicial review it will be a major defeat for the United State.
The government has been careful here to only involve cases with non-American defendents, but if the court allows this, that restriction will not stand for long.
Jay