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20 April 2014

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Fred

"... pawns in a game designed by the government to establish case law for future use, somewhere, sometime."

Given the track record I would say right here in the USA in the not too distant future.

Basilisk

So the hapless pawns are merely another kind of collateral damage.

I see the SCOTUS has declined one of these cases again. Today's NYT: Also on Monday, the court declined to review a case concerning a prisoner held at Guantánamo Bay, Cuba.
The case, Hussain v. Obama, No. 13-638, was brought by Abdul al-Qader Ahmed Hussain, a citizen of Yemen captured in Pakistan in 2002. The government says he was affiliated with Al Qaeda or the Taliban.
Mr. Hussain said the evidence against him was based on his travels, his visits to mosques and the fact that Taliban guards he stayed with gave him a gun. There is no evidence, he said, that he ever used the gun or otherwise supported enemy forces.
The District of Columbia appeals court ruled the evidence sufficient. In urging the justices to hear his case, Mr. Hussain said that the appeals court ruling effectively did away with the requirement that the government show that it was more likely than not that he had been part of an enemy force.
As is their custom, the justices offered no reasons for turning down the case. But Justice Stephen G. Breyer issued a statement seeming to invite a challenge focused on whether detentions at Guantánamo are proper if the government cannot show that the prisoner had been affiliated with “forces hostile to the United States or coalition partners in Afghanistan and who engaged in an armed conflict against the United States there.”

Maybe Justice Breyer didn't get the memo.

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