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Old 21st February 2007, 03:10 AM   #1
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Thumbs down Court: Detainees Can't Challenge Cases

WASHINGTON(AP) In a victory for President Bush, a divided federal appeals court ruled Tuesday that Guantanamo Bay detainees cannot use the U.S. court system to challenge their indefinite imprisonment. A Supreme Court appeal was promised.

The 2-1 decision by the U.S. Court of Appeals for the D.C. Circuit dismisses hundreds of cases filed by foreign-born detainees in federal court and also threatens to strip away court access to millions of lawful permanent residents currently in the United States.

It upholds a key provision of the Military Commissions Act, which Bush pushed through Congress last year to set up a Defense Department system to prosecute terrorism suspects. Now, detainees must prove to three-officer military panels that they don't pose a terror threat.

Democrats newly in charge of Congress promised legislation aimed at giving detainees legal rights. Attorneys for detainees said they would appeal Tuesday's ruling to the Supreme Court.

"We're disappointed," said Shayana Kadidal of the Center for Constitutional Rights. "The bottom line is that according to two of the federal judges, the president can do whatever he wants without any legal limitations as long as he does it offshore."

The two judges voting with the White House _ Judge A. Raymond Randolph and Judge David B. Sentelle _ were appointed by Republicans. President Reagan appointed Sentelle, and President George H.W. Bush appointed Randolph. The dissenter, Judge Judith W. Rogers, was appointed by President Clinton, a Democrat.

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