Justices side with Gitmo detainees

WASHINGTON — Terrorist enemies or hapless innocents? Whatever the truth, the hundreds of foreigners held without charges at Guantanamo Bay have rights under the U.S. Constitution, the Supreme Court says.

And, considering that many have been imprisoned at the Cuban camp for six years, they should be able to exercise those rights quickly and ask civilian judges to force the government to justify their detention, the court ruled Thursday.

The court, though deeply divided, issued a strong rebuke to President Bush's anti-terror policies. It was the third time the justices have repudiated the president on the detainees, though they still have not made it through the courthouse door.

"It's a total loss for the government," said former federal prosecutor Andrew McBride, who disagreed with the court's ruling.

Bush said he, too, disagreed and suggested he might seek yet another law to keep terror suspects locked up at the prison camp, even as his presidency winds down and Democrats control Congress.

Justice Anthony Kennedy, writing for the 5-4 high court majority, acknowledged the terrorism threat the U.S. faces — the administration's justification for the detentions — but he declared, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times."

In a blistering dissent, Justice Antonin Scalia said the decision "will make the war harder on us. It will almost certainly cause more Americans to be killed."

Bush has argued the detentions are needed to protect the nation in a time of unprecedented threats from al-Qaida and other foreign terrorist groups. The president, in Rome, said Thursday, "It was a deeply divided court, and I strongly agree with those who dissented." He said he would consider whether to seek new laws in light of the ruling "so we can safely say to the American people, 'We're doing everything we can to protect you."'

Kennedy said federal judges could ultimately order some detainees to be released, but he also said such orders would depend on security concerns and other circumstances. The ruling itself won't result in any immediate releases.

The decision also cast doubt on the future of the military war crimes trials that 19 detainees, including Khalid Sheikh Mohammed and four other alleged Sept. 11 plotters, are facing so far. The Pentagon has said it plans to try as many as 80 men held at Guantanamo.