Overview
Throughout history Guantanamo Bay has become United States’ most notorious prison. When it was opened in 2002, United States made the island into a prison for the detainees of 9/11. With the …show more content…
The administration made it impossible for the detainees to have a fair trial; the government would ensure the prisoners would have no access to a court or have any evidence. The Bush Administration had defended themselves by saying that the writ of habeas corpus did not qualify for the detainees because the prison was not in the U.S. territory. Also, they went further and said that the prisoners did have any of the rights that were issued at the Geneva Convention (Ambos, Poschadel …show more content…
Bush and Habib v. Bush were the initial cases that challenged the Presidential Executive Order in 2001, “which authorized indefinite detention without due process of law, as a violation of international law and the U.S. Constitution” (http://ccrjustice.org/). The government had argued that the detainees were not persecuted under military order, but in fact the “common law powers” (http://ccrjustice.org/). Furthermore, the government had claimed that the matter at hand was not a political question that was under the jurisdiction of the courts; these two claims caused both cases to be dismissed. This action caused the petition for habeas corpus to be void for non-US citizens detained outside the jurisdiction of the United