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Old 06-28-2004, 05:04 PM
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Default Supreme Court rules Bush can hold citizens without trial

BREAKING NEWS ~ Supreme Court rules Bush can hold citizens without trial
Jeannie Shawl on 6/28/2004 10:20:35 AM

AP is reporting that the Supreme Court has ruled that Congress has given President Bush the power to hold a US citizen without charges or trial, but that the detainee can challenge his treatment in court.

UPDATE: The case is Hamdi v. Rumsfeld (case backgrounder from Duke Law School's Program in Public Law). Writing for the Court, Justice O'Connor said that Yaser Esam Hamdi, who has been detained for more than two years after being captured fighting for the Taliban in Afghanistan, "unquestionably has the right to access to counsel" and that "we have no reason to doubt that courts, faced with these sensitive matters, will pay proper heed both to the matters of national security that might arise in an individual case and to the constitutional limitations safeguarding essential liberties that remain vibrant even in times of security concerns." AP has more.

UPDATE 2: Cornell's Legal Information Institute has posted today's opinion per Justice O'Connor, along with Justice Souter's separate opinion, Justice Scalia's dissent and Justice Thomas' dissent.
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