No. of Recommendations: 2
• Rasul v. Bush (2004): The Court ruled that federal courts have the statutory jurisdiction to hear habeas corpus petitions from non-citizens held at Guantanamo Bay.
• Boumediene v. Bush (2008): The Court officially extended constitutional protections under the Suspension Clause to foreign detainees at Guantanamo, holding that the U.S. exercised de facto sovereignty over the base, rendering the administration's geographic exclusion unconstitutional.
Those cases would not have been heard, unless the Bush regime was denying due process to those prisoners. Gitmo is clearly US territory. You only need to look at what flag is flying over it. But I remember regime water carriers howling about the decisions. The net sifter does not reference a specific Bush EO or speech, but does offer this.
No single official in the George W. Bush administration formally declared that the U.S. Bill of Rights applies only to U.S. citizens.
Instead, this idea arose from controversial legal positions, memos, and policies championed by figures in the Bush administration—such as Vice President Dick Cheney and administration lawyers during the "War on Terror"—who argued for expansive executive powers regarding foreign nationals, military operations, and detainees outside standard civilian judicial protections.
Detainee and Surveillance Policies: The Bush administration infamously asserted wide-ranging authority to hold foreign terrorism suspects at Guantanamo Bay, Cuba, or conduct domestic military and surveillance operations outside traditional criminal court procedures.
Steve
