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You are here:  Home / Emerging Threats / Analysis: House panel debates Gitmo law

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Analysis: House panel debates Gitmo law

By KATHRYN GRIM
Published: July 31, 2008 at 1:09 PM
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WASHINGTON, July 31 (UPI) -- A congressional panel considering legislation that would regulate the way judges hear challenges to the detention of suspected terrorists held by the U.S. military at Guantanamo Bay quickly divided along party lines as expert witnesses wrangled over the nuances of the law.

The House Armed Services Committee heard testimony on the legal challenges that are likely to follow last month's ruling by the Supreme Court. By a 5-4 majority, the court ruled detainees at Guantanamo Bay have the right to challenge their confinement by filing a writ of habeas corpus in federal court.

Some witnesses at the hearing Wednesday said they believed judges in the U.S. District Court for the District of Columbia hearing the cases ought to have guidance from Congress in the form of a law.

Richard Klingler, general counsel and legal adviser to the White House National Security Council, said civilian judges who hear the detainees' cases need legislative guidance because they are entering previously uncharted waters.

"In their new, undefined role overseeing military functions, civilian judges are likely to draw too directly on (legal) processes and analysis developed to protect U.S. citizens in established criminal proceedings," Klingler said in his prepared testimony. "They are unlikely to appreciate the consequences of their decisions on the formulation of national security policy or the conduct of military options."

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