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Both Obama And Bush White Houses, Actually

Court sides with WH on Bagram detainees, temporarily

The novelty over the last few years has come from the federal judiciary.  The Constitution gives them no role in waging war, especially abroad; it leaves the declaration of war to Congress and the management of it to the executive branch.  Asserting a role in the explicitly military role of assessing prisoners captured on a battlefield or in intelligence operations not only creates an untenable tension between military/intelligence procedures, it also arrogantly declares a jurisdiction outside of the boundaries of the US.

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