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Gitmo Will Be Transformed, Not Closed

Court ruling strips base of its legal rationale for US

By Jason Farago,  Newser Staff

Posted Jun 13, 2008 9:17 AM CDT

(Newser) – The Supreme Court's ruling yesterday against the Bush administration will not shut down the Guantanamo Bay detention center. But by concluding that detainees can appeal their detention in US civilian courts, the high court stripped away its reason for being, erasing the government's claim that an offshore prison was beyond US law. The New York Times looks at both the legal and the military implications of the ruling.

Nineteen war crimes cases are under way at Guantanamo, but the habeas corpus suits that the prisoners may now file will give lawyers a mechanism to stop the trials. Just as important, though, is the increased burden on prosecutors: instead of fighting each case, the administration might end up sending detainees back home. Several lawyers said yesterday that the population at Guantánamo could shrink by a third or more.

Members of a legal defense team walk at Camp Justice, part of the legal complex of the U.S. Military Commissions at Guantanamo Bay U.S. Naval Base, in Cuba.
Members of a legal defense team walk at Camp Justice, part of the legal complex of the U.S. Military Commissions at Guantanamo Bay U.S. Naval Base, in Cuba.   (AP Photo/Brennan Linsley, Pool, File)
The U.S. Supreme Court ruled Thursday, June 12, 2008, that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.
The U.S. Supreme Court ruled Thursday, June 12, 2008, that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.   (AP Photo/Brennan Linsley, File)
A guard stands at a gate at the Camp Delta detention compound, which has housed foreign prisoners since 2002, at Guantanamo Bay U.S. Naval Base in Cuba.
A guard stands at a gate at the Camp Delta detention compound, which has housed foreign prisoners since 2002, at Guantanamo Bay U.S. Naval Base in Cuba.   (AP Photo/Brennan Linsley)
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