Oregon daily emerald. (Eugene, Or.) 1920-2012, March 05, 2004, Page 4, Image 4

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Nation & World News
Attorneys clash over rights
for U.S. political prisoners
The Bush administration
says giving detainees access
to courts would hamper
the war on terrorism
By Frank Davies
Knight Ridder Newspapers (KRT)
WASHINGTON — Citing prece
dents from World War II, the Bush ad
ministration warned the Supreme
Court this week that granting Guan
tanamo detainees any access to courts
would undermine the war on terror
ism and aid enemy forces.
Such a ruling "not only would be
very damaging to the military's abili
ty to win the war, but (would) no
doubt be highly comforting to the
enemies of the United States," Solic
itor General Theodore Olson wrote
in a final brief before the court hears
a historic Guantanamo case next
month.
Attorneys for the families of 16 cap
tives held in the Guantanamo prison
camp are seeking access to the federal
courts to challenge the administra
tion's system of indefinite detention.
Most of the detainees have been held
about two years without any legal
process. Two appellate courts split last
year on issues involving the detainees'
legal rights.
In arguing that the detainees in
Guantanamo have no rights, Olson
equated the detention of about 640
terror suspects in Cuba with the thou
sands of German and Japanese pris
oners held during World War II.
In neither case, he argued in a 62
page brief, were military captives al
lowed access to courts, and to grant
current detainees any rights in a civil
ian court "would directly interfere
with the executive's conduct of the
military campaign against al Qaeda."
Olson warned in his brief that any
ruling that opens the door to a court for
a detainee "almost certainly would lead
to the filing of scores if not hundreds of
follow-up actions by the relatives of
other aliens held at Guantanamo" or at
other bases overseas.
The Justice Department has argued
that the detainees are foreign fighters
— most were captured in Afghanistan
and Pakistan — held on foreign soil,
where federal courts have no jurisdic
tion. Guantanamo is a U.S. Navy base
leased from Cuba.
International critics, including
many in Great Britain, have de
nounced indefinite detention as a "le
gal black hole" beyond the reach of
courts that sets a bad precedent.
On Thursday, a German federal
court thwarted the Bush administra
tion by overturning the world's only
conviction for the Sept. 11 attacks. The
Federal Criminal Court ruled that a
Moroccan who was convicted last
year of aiding the suicide hijackers,
Mounir el Motassadeq, had been
wrongly denied the opportunity to
present a defense witness who is in
U.S. custody.
(c) 2004, Knight Ridder/
Tribune Information Services.
Bush vows to woo California
in 2004 presidential election
The incumbent is hoping
to earn the state's vote
after Californians elected
Gov. Schwarzenegger
By Bob Kemper
Chicago Tribune (KRT)
SANTA CLARA, Calif. — President
Bush wrapped up his first two full days
of campaigning Thursday by pledging
to West Coast Republicans that he
would fight to win California in the
November election despite his loss by
1 million votes here four years ago.
The president and his advisers said
that with the election of Republican
Gov. Arnold Schwarzenegger last year
and the organizational work done by
Republicans during the last three
years, they believe Bush can win Cali
fornia and vowed to spend the time
and money necessary to do so.
At the very least, Republicans con
cede; they could force John Kerry, the
presumptive Democratic nominee
who needs California to win in No
vember, to spend time and money in
the state.
"By electing Gov. Schwarzenegger,
the voters of California have shown
that no party can take California for
granted," Bush said at a fund-raiser in
Santa Clara that raised $700,000 for
his re-election campaign.
"The vice president and I are going
to be spending some quality time
here this coming year," he said. "With
your continued help, California is go
ing to be an important part of a na
tionwide victory in November 2004."
Jerry Parsky, Bush's California cam
paign chairman, said the attention
Bush has paid to California since tak
ing office in 2001 will help him win
in a state that has been backing De
mocrats since the 1990s. Bush lost
California, and its 54 electoral votes,
to A1 Gore by nearly 1.3 million votes
in 2000.
"The president has shown he really
cares about California," Parsley said.
"He's gone to places other Republi
cans haven't gone," such as South
Central Los Angeles in 2002 to mark
the 10th anniversary of the riots there.
"The president unifies Republicans
— perhaps for the first time in Cali
fornia," he said.
Besides, Parsky added, "with
Arnold around it's a totally different
ballgame."
In addition to wrestling the gover
nor's office out of Democratic hands,
Schwarzenegger this week bolstered
his political standing by winning pas
sage of two state ballot initiatives that
will help him pull the state out of a
budget crisis and prevent similar fu
ture crises.
Just as Bush is counting on
Schwarzenegger's swagger to help
boost his election chances, other Cal
ifornia Republicans who will be on
the ballot with Bush in November
are counting on the president to give
them a leg up.
Bill Jones, who is challenging in
cumbent Democratic Sen. Barbara
Boxer, traveled with Bush on Thurs
day. Jones, like a number of Republi
can candidates, is relying on Bush to
provide him with more exposure and
to help him attract more money.
California Republicans are partic
ularly sensitive about how national
candidates have tended to use their
state as an ATM, withdrawing mil
lions in campaign contributions but
spending it in other states, virtually
writing off California. Bush raised
$1.5 million for his campaign on
Wednesday and Thursday and $3.5
million more for the Republican Par
ty. He has so far raised more than
$12 million in California for the
2004 race.
California Republicans have said
that while using the state only to raise
money is sensible for national cam
paigns that must shepherd finite
funding to where it would do the
most good, the trend has undercut the
GOP's hopes of winning political
control of the state.
Democrats, whose presidential
strategies depend on winning Califor
nia, immediately assailed Bush on an
issue of particular significance in the
Silicon Valley: jobs.
"Last October when he was in
this state (California) he promised
that his tax cut package would cre
ate 215,800 jobs," said Rep. Steny
Hoyer, D-Md„ the third-ranked De
mocrat in the House and one of the
party leaders who joined the assault
on Bush.
"Yet the state lost 21,100 jobs, and
since President Bush took office, the
state unemployment rate has risen to
6.2 percent, a 20 percent increase,"
he said.
Moreover, it's unclear how much
help Schwarzenegger would be to
Bush. The California governor has
staked out more moderate positions
than Bush on social issues such as
abortion to help him win in a Demo
cratic state.
The divide between the two men
was apparent again this week when
Schwarzenegger, after opposing the is
suance of marriage licenses to gay
couples in San Francisco, said he
wouldn't mind if Californians
changed the state law that limits mar
riage to heterosexuals.
Bush has just called for a constitu
tional amendment banning gay mar
riage, though he does not mention
the issue in his retooled stump
speech.
(c) 2004, Chicago Tribune.
Distributed by Knight Ridder/
Tribune Information Services.
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