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Home arrow Leading The News arrow Graham: Detainees get better treatment than Nazis
Leading The News PDF Print E-mail
Graham: Detainees get better treatment than Nazis
Posted: 06/12/08 04:52 PM [ET]
Sen. Lindsey Graham (R-S.C.) said Thursday that terrorist suspects will receive better treatment than the Nazis now that the Supreme Court has ruled detainees held at Guantanamo Bay, Cuba have the right to habeas corpus.

"The court gave al Qaeda members the same status as an American citizen. They said an al Qaeda member has a constitutional right to go to a federal court of their choosing and say, 'Judge, let me go,'" Graham told reporters outside the Senate chamber. "The Nazis never had that right."

Graham, a loyal ally to GOP presidential candidate Sen. John McCain (Ariz.) and a former military prosecutor, said he would look at legislative options to overturn the ruling, including a constitutional amendment if necessary. He said that detainees would be able to sue American soldiers and officers in U.S. courts, pulling them off the battlefield.

"I can't believe we are going to allow unelected judges who are not trained in military matters to make major wartime policy decisions," Graham said.

Graham reacted to the court's Thursday decision, which marked the third time it has rebuked the Bush administration's handling of terrorism detainees at the Guantanamo Bay detention facility. On behalf of 37 foreigners imprisoned at Guantanamo, the court ruled that the 300 people held in custody there have the right under the Constitution to challenge their custody in federal courts.

The 5-4 Supreme Court decision injected a polarizing security issue into an already tense election year. President Bush, speaking from Rome, told reporters that he was considering sending Congress legislation to overturn the ruling.

But Democrats hailed the ruling. They said it upheld the values of the country and would help ensure that American soldiers captured overseas would not be treated inhumanely.

"These protections set the United States apart from those who wish to harm us," said Senate Judiciary Chairman Patrick Leahy (D-Vt.). "This decision echoes earlier court opinions that have solidified our constitutional system of checks and balances."

Sen. Dianne Feinstein (D-Calif.), who also sits on the Judiciary Committee, said the ruling should underline the need to close the detention facility.

"There is no reason for Guantanamo," said Feinstein, pointing to cases in which people have been held and isolated for years without charges and have not had access to court. "This is not American justice."

 
 
 
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