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Briefing now complete in detainees’ cases

The Justice Department on Friday evening filed the fnal brief in the D.C. Circuit Court on the impact of the new Detainee Treatment Act on the pending challenges to detention by foreign nationals being held at Guantanamo Bay, Cuba. The case now proceeds to a hearing before a three-judge panel on Wednesday.

Again, the Department argues that the Act scuttles all existing habeas challenge by the Guantanamo prisoners, but that the Act allows the D.C. Circuit to go forward and rule on the substance of their challenges in a new review process created by the Act.

In addition, the Department once more argues that the detainees have no constitutional claim about suspension of the writ of habeas corpus, because they have no constitutiional rights of any kind.