Bagram detainees gain access to U.S. courts

A U.S. District Court judge ruled today that three non-Afghan detainees who are currently being held at Bagram Air Field in Afghanistan have the right to challenge their detention in U.S. civilian courts. This ruling extends the Supreme Court's ruling, in Boumediene v. Bush, that detainees at Guantánamo could do the same thing (see this post for a discussion of who remains at Guantánamo).

In related news, I attended a talk a few days ago by NYU Law professor Stephen Schulhofer, who argued that the U.S. civilian criminal justice system is flexible enough to try the Guantánamo detainees, even accounting for questions of classified evidence, hearsay, and possibly torture. In contrast to the opinion, expressed elsewhere, that the Bush administration rendered dangerous people unprosecutable in civilian courts through the use of "enhanced interrogation methods," Schulhofer believes that any detainee who is unconvictable in U.S. civilian courts is probably not a danger to the United States. The Justice Department is reportedly in the process of analyzing the prosecutability of the remaining Guantánamo detainees.