‘In March 2009, three foreign prisoners seized in other countries and rendered to the main U.S. prison in Afghanistan, at Bagram airbase, where they had been held for up to seven years, secured a legal victory in the District Court in Washington, D.C., when Judge John D. Bates ruled that they had habeas corpus rights. In other words, they had the right to challenge the basis of their imprisonment under the “Great Writ” that prevents arbitrary detention.
The men — among dozens of foreigners held in Afghanistan — secured their legal victory because Judge Bates recognized that their circumstances were essentially the same as the prisoners at Guantánamo, who had been granted habeas corpus rights by the Supreme Court in June 2008.
Unfortunately, the Obama administration appealed Judge Bates’s careful and logical ruling, and the judges of D.C. Circuit Court agreed, overturning the ruling in May 2010, and returning the three men to their legal black hole.’