February 21st, 2009
10:00 AM ET
5 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. Zion

    Go Obama. You are being a productive president, and you are receiving more criticism than Bush did in eight years, but keep pushing, because prayer is a bear.

    February 21, 2009 01:16 pm at 1:16 pm |
  2. li

    butchure american

    February 21, 2009 01:23 pm at 1:23 pm |
  3. Lilly Rose

    FreeNLovIt@ February 21st, 2009 11:36 am ET –
    Obama wants to overhaul health care; can he do it? –> reported by AP..

    First and foremost, let's help the doctors lower their legal fees. Nobody should be getting 80 million dollars for suing anybody. I think it should be
    limited to just 10 million dollars.
    ________________________________________________________
    This article has nothing to do with health care, but I agree. Suing has become the new lottery and I believe that there should be limits and guidelines on how much a person can get.

    On the subject of the article, it's good to see that President Obama is being pragmatic. Not everything Bush did was wrong and it's good to see the President keeping some decisions in place. President Obama is amazing.

    February 21, 2009 01:24 pm at 1:24 pm |
  4. Hill the jobseller

    Sounds like a shell game to me.

    February 21, 2009 01:31 pm at 1:31 pm |
  5. Mohammed Mohammed

    As much as I think guantanamo should be closed, it is completely different when it comes to keeping people who were actually cought in a war zone fighting against you, those are the actual terrorists, the U.S has every right to keep them under this rule.

    February 21, 2009 01:33 pm at 1:33 pm |
  6. Alan

    WOW!! Bush was right about something?

    I have a feeling that as time goes by, we will see that Bush was right about a lot of things.

    At least Obama is man enough to admit it now that he is Prez.

    Lesson: Do not listen to campaign talk, look at the record.

    February 21, 2009 01:36 pm at 1:36 pm |
  7. S Callahan

    Better yet Free n love it....how 'bout we have truely competent doctors and there won't be the lawsuits...(okay..we have alot of them..but it's the quackballs out there that keep making a mess of things for the 'good' doctors)

    February 21, 2009 01:40 pm at 1:40 pm |
  8. THE OLD TIMER

    You have a family doctor who should be able to operate on your person. If you have back problems you should be able to go to your family doctor and have him treat you for your problems. IT DON,T WORK THAT WAY. instead your family doctor refers you to a specialist

    Now you get the bill for him refering you to another doc. You alone can not get into see this other doctor by your self because you were not refered.

    When you do get to see the refered doctor, you then get another bill from this doc. and then he prescribes you some pills. They treat the symptoms and not the actual problems that are causing the pain.

    When the goverment looks into healthcare this is one thing that should be taken care off. If this were eliminated it would help reduce the cost of health care.

    February 21, 2009 01:41 pm at 1:41 pm |
  9. Griff............... on The Truth...

    This? After all the names you used, against George Bush Jnr; for his Term in Office.. You have no answers. You never had...

    February 21, 2009 01:42 pm at 1:42 pm |
  10. THE OLD TIMER

    this post was suppose to go on the heath post before this one

    February 21, 2009 01:45 pm at 1:45 pm |
  11. Max

    That's change for you. Guantanamo Bay was only different because it was in the public eye. Obushma.

    February 21, 2009 01:46 pm at 1:46 pm |
  12. CONNIE

    I am losing my great doctor he is quitting at the end of march because he is not allow to practice medicine the way he was trained to do because insurance companie tells him how to treat patients. If the government does national health there will no good doctors to go to and then we won't need nat'l health because no one will go to doctors because they suck.

    February 21, 2009 01:49 pm at 1:49 pm |
  13. hotsexychimera

    if there is one person who can tackle this huge problem it is Obama.

    He has the temprament and guts to go where no one dare since Hillary.

    It.will.get.done.

    February 21, 2009 01:49 pm at 1:49 pm |
  14. Jasper von Sillyputty

    While I'm glad Obama is our president, after the 100 percent deadly effects of neo-conservatism, I never believed all his rainbow talk while he was running. "Say what you need to get elected, just like a Republican would... You can't govern if you don't get elected." I kept saying. My more oblivious liberal friends however are going to be stunned, and will need to do do a lot of back peddling, and making excuses though. They actually believed his candy-colored, fluffy promises.

    February 21, 2009 01:51 pm at 1:51 pm |
  15. CHANGE we need

    ...but Bush has been called a war criminal by the Obama administration...why the change of heart?? OR, do we start calling the administration criminal already??? Change we could live with...??

    February 21, 2009 01:52 pm at 1:52 pm |
  16. Just like George Bush......

    Obama is now continuing Bush policies regarding secret prison and torture camps. Where's the Change?

    We were all "snowed."

    February 21, 2009 02:01 pm at 2:01 pm |
  17. Don in Albuquerque

    What do the above two comments have to do with detainees? And your Hillary is in China.

    February 21, 2009 02:02 pm at 2:02 pm |
  18. Rob

    Big O just found out who and what these guys really are. Now if he would just enlighten the rest of the lefties.

    February 21, 2009 02:03 pm at 2:03 pm |
  19. Ed

    Well... I am someone who worked very hard to get Obama elected, and don't get me wrong, I knew there would be areas of disagreement (you can't agree with someone on everything) but I am disappointed by this. Overall, still very pleased, but I think the Constitution is inviolate. It would be different if this was another nation holding these people in the course of their own conflict. But if the US holds you, then US laws should apply. And the Supreme law of the US is the Constitution. We still manage to put bad guys away with due process!

    This is a broken campaign promise.

    February 21, 2009 02:14 pm at 2:14 pm |
  20. GM

    I "HOPE" for Obama's sake that his left-wing looney supporters don't wake up from their Obama-Kool-Aid induced stupor. Otherwise, they'll realize how much of Bush's policies he did NOT "CHANGE".( THAT'S GOING TO BE ONE PAINFULL HANGOVER )
    So far, anyway, his economic policies have been " 'Change' the markets can NOT believe in ".

    February 21, 2009 02:22 pm at 2:22 pm |
  21. Texas Teacher

    BUSH was WRONG on ALL COUNTS! But we have to clean up his mess now... and we have to go in their and fight the terrorists of Afghanastan as if we meant unlike Bush chose to do! His war was on Hussein, not bin Ladin! And he won it... but he left the REAL terrorist out there still waiting and growing to be dealt with after he was out of office! Someone anyone be will to hold these war criminials, Bush/Cheney, responsible for the mess we are in instead of acting like NO ONE knows how we have gotten here!

    Put their feet to the fire and prosecute them for THEIR WAR CRIMES!

    February 21, 2009 02:24 pm at 2:24 pm |
  22. Texas Teacher

    DR. FREENLOVIT! SCARY ISN'T IT... SOMEONE MIGHT TAKE AWAY YOUR ABILITY TO GET RICH OFF THE PUBLIC AND MAKE YOU DO YOUR JOB RIGHT INSTEAD OF GETTING RICH OFF THE PEOPLE YOU TREAT TO STAY SICK INSTEAD OF GET WELL!

    ATTORNEY, PHARMACUTICAL REPRESENTIVE, INSURANCE AGENT FREENLOVIT.... HOW ABOUT YOU... SCARY TO THINK THAT YOU CAN NO LONGER GET RICH OFF THE SAME MALTREATMENT OF THE AVERAGE AMERICAN OUT THERE THAT YOU CARE ABSOLUTELY NOTHING ABOUT!

    WE NEED UNIVERSAL HEALTH CARE... THOSE ABOVE MENTIONED PEOPLE DO NOT! Don't be surprise if they fight tooth and nail aganist it!

    February 21, 2009 02:30 pm at 2:30 pm |
  23. obbi-fl

    Lets send them to Aftganistan so we can have it out there!

    February 21, 2009 02:32 pm at 2:32 pm |
  24. Gary

    What do you mean? You are giving the wrong headline. CNN you should know that Barack Obama has no policy and no experience to handle these tasks. He will follow GW Bush and then if it does not work, put the blame on him saying I followed him. Barack is a joke and he does not know what to do. It is better if you vote 'PRESENT' But he should know that it does not work when you are President.

    February 21, 2009 02:43 pm at 2:43 pm |
  25. america first

    A STOPPED CLOCK IS RIGHT TWICE A DAY.

    February 21, 2009 02:47 pm at 2:47 pm |
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