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THE Bush Administration’s battle to treat suspected terrorists the way it wants may go on as long as the “War on Terror”.
Yesterday it suffered a setback when a US federal judge ordered it to release the names of hundreds of detainees at Guantanamo Bay.
As Charles Bremner reports, a Council of Europe investigator also said yesterday that the US flew detainees to other countries where they would be tortured, and that European governments probably knew about it.
But in a separate move, the US Army changed its rules on the death penalty. They could, in theory, let detainees convicted by military commissions be executed at Guantanamo Bay.
These shifts are part of a many-sided struggle between the Administration, Congress, the judiciary and the press to establish the limits of presidential power in the “War on Terror”.
That battle has been going on since September 11, 2001, when President Bush declared the attacks to be a war, and a new kind of war at that.
His lawyers have claimed steadily that when Congress authorised the use of military force against the perpetrators, it gave him the authority to wage war as he saw fit.
But national attention has been stirred up to new heights this year, for four reasons.
The AP filed its Freedom of Information lawsuit last year. The Government turned over the details of 558 military tribunals in which detainees challenged their incarceration, but held back the names.
Of the 760 or so prisoners the US has taken to Guantanamo since 2002, it has released 180. It has also transferred 76 to the custody of other countries including Britain, Australia, Saudi Arabia, Pakistan and Russia. Only nine have been charged with a crime.
Last year the judge ordered the Government to ask detainees whether they wanted personal information to be turned over to the AP. Of 317 detainees, 63 said yes, 17 said no, 35 returned the form without answering and 202 refused to return the form.
The judge said that none of the detainees — even the 17 who did not want their names revealed — had a reasonable expectation of privacy. The Government can still appeal, and many expect that it will do so.
In the battle between the presidency and the other institutions that are checks on its power, most of the rounds have gone to the presidency. But growing public unease means that even if it continues to win, it may pay a political price.
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