The Supreme Court will shortly be reviewing habeas corpus in relation to two detainees in Guantanamo.
Previously the Supreme Court ruled that Guantanamo was US territory and therefor US laws regarding detainees should apply. They also ruled that it was illegal to bring detainees up before military tribunals. Congress and the President acted by passing new legislation to bypass what the Supreme Court ruled unconstitutional.
Come on court let's get back habeas corpus!
Declaring the detainees prisoners of war would allow for longer detention without trial. I suppose Bush rejects that idea - harder to torture someone designated a prisoner of war.
http://news.bbc.co.uk/2/hi/americas/7128523.stm
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