some prisoners in the war on terror can use U.S. civilian courts to challenge their detention at a military air base in Afghanistan, for the first time extending rights given to Guantanamo Bay detainees elsewhere in the world.What's next, allowing prisoners to sue the soldiers who captured them?
The Obama administration, which rightly opposed the utterly ridiculous notion that we should give foreign wartime prisoners access to U.S. courts, should reject this ruling and refuse to abide by it, declaring it to be unconstitutional. The judicial branch is attempting to usurp the powers of the executive. The conduct of military operations, which involves the disposition of prisoners, is clearly an executive branch power and the court should have no jurisdiction. Judge Bates has made his ruling, now let him enforce it. That should be Obama's response. It won't be, but it should be.