February 21st, 2009
10:00 AM ET
6 years ago

Obama keeps Bush view on Afghan detainees

Former detainees pray near Kaubul in 2005 following their release from U.S. custody at Bagram Air Base.
Former detainees pray near Kaubul in 2005 following their release from U.S. custody at Bagram Air Base.

WASHINGTON (CNN) – The Obama administration told a federal court late Friday it will maintain the Bush administration's position that battlefield detainees held without charges by the United States in Afghanistan are not entitled to constitutional rights to challenge their detention.

"Having considered the matter, the government adheres to its previously articulated position," said a Justice Department document filed in federal court in Washington.

In a controversial 5-4 vote, the Supreme Court last year ruled that detainees held at the U.S. naval base at Guantanamo Bay had a right under the constitution to challenge their continued detention. However, the court did not say whether it applied to prisoners in other locations abroad, including Afghanistan.

Five prisoners held at Bagram Air Base, backed by human rights groups, have gone to court to claim the same rights as the men detained in Guantanamo Bay.

The new administration, which was given a month by a federal judge to declare whether the government wants to change its position, has now indicated it will continue to argue that it is against its security interests to release enemy combatants in a war zone.

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soundoff (59 Responses)
  1. No Change Here

    Surprise, surprise, surprise. No change here from the Cheney Bush policies. And you wait another 12 months and Guantanamo will still be open.

    Obama talked tough on the campaign trail .... that was becasue he nkew nothing of what it takes to keep America safe. Now that he is getting his intelligence briefings, he is beginning to undertsand that Dick Cheney and President Bush knew what ther were talking about.

    February 21, 2009 02:50 pm at 2:50 pm |
  2. Ernie in LA

    OMG, Big Daddy O is "Keeping a Bush view?" His followers will be pissed.

    February 21, 2009 02:51 pm at 2:51 pm |
  3. Janey

    Connie–you ain't seen nothin' yet! wait until universal health care–MD's will be leaving the US in droves. They are the last people who should be told how to run their practices by some wing-nut bloated politician.

    February 21, 2009 02:54 pm at 2:54 pm |
  4. Another promise brokes

    Another lie, and another promise broken by Obama. This is not change; this is a fast talker with no experience talking his way into the White House, and then realizing he has no idea what he is doing.

    Bush and Cheney said that enemy combatants (AKA terrorists) were like POW/'s and you hold them indefinitely without a trial until the war is over. Well, Obama is beginning to understand what it takes to keep america safe.

    But, Obama has also provem that all his bluster and campaign promises were just hot air and empty promises to get himself elected -– This change all right. Obama has changed into DIck Cheney

    February 21, 2009 02:54 pm at 2:54 pm |
  5. pete

    Wow,it looks as if Americans are starting to wake up.Yes,Obama or Bush,there is no difference.

    February 21, 2009 02:56 pm at 2:56 pm |
  6. Marc

    Where is Cindy Sheehan? Oh my! Maybe she should buy one of those small tracts of land adjacent to the Obama home in Illinois from Tony Rezko and start up her camp out protests again.

    February 21, 2009 02:58 pm at 2:58 pm |
  7. indiana voter

    I think it is hilarious to read the liberal democrat posts on here trying to figure out how to respond negatively to Bush's policies when their own guy keeps the same people and the same policies. When you think about it, Obama is saying that Bush was right. So, I guess it was a say anything to get elected campaign.

    February 21, 2009 03:08 pm at 3:08 pm |
  8. mike

    Irs time to form our own party,as a liberal i am so upset with obama,not only have he insulted the left by supporting this garbage,but since he became president he have not put one person from the left in his cabinet,even though 70 percent of the people who who voted for him was from the left,its like he is completing ignoring us,its like he is ashame to be seen agreeing with us,am so tired of this crap,obama has been kissing the far right but since he became president,he dined with them,he invited them to watch the superbowl,he had lots of meetings with them,but at the sametime he ignores the people who worships him,these republicans dont like him,they hate him,what more proof do he need,they have called him z terriost,z musilim,a socailist,a radical,even this week called him a monkey,so why is he continuing try to win support from people who hates him,i just dont understand obama,but its really time for us liberals to leave the democratic party because we zre not being represented at all,we are being taken for granted,obama lied to us to vet our support,in it hurts so bad because us liberals really loved this guy,but i have had it,am not going to be used like this again,people are beginning to talk about this in the community where i live',am going to write howard dean,because its about time to form a third party,but we are going to need big names,the huffington post,in move on,wants to form a third party also,because they have had it with the democratic party,i beg of all the people to the left,lets not just talk about forming this third party,lets just do it,

    February 21, 2009 07:10 pm at 7:10 pm |
  9. survivor

    What is everyone complaining about – Obama is taking each talking point and addressing them realistically don't try to second guess him that is just plain foolish

    February 22, 2009 09:57 am at 9:57 am |
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