Divided court leaves constitutional issue at Guantanamo unresolved

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Divided court leaves constitutional issue at Guantanamo unresolved
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The U.S. may not be allowed to keep a man imprisoned in Guantánamo Bay after he is no longer deemed a threat, the U.S. Court of Appeals ruled. But advocates are disappointed at the unresolved question of what constitutional protections prisoners have.

The United States may not be allowed to keep a man imprisoned in Guantánamo Bay after he is no longer deemed a threat, the U.S. Court of Appeals for the D.C. Circuit ruled in an opinion released Wednesday. But the court disappointed advocates for prisoners by leaving unresolved the question of what constitutional protections he and other prisoners at the military facility have.

Al-Hela, a businessman and tribal sheik from Yemen, was first captured in Egypt in 2002 and held overseas before being brought to Guantánamo two years later. He has been contesting his detention in court since 2005. They said in a statement Wednesday that they “are disappointed that the Court did not order our client’s release after the Government has held him for over 20 years without charge or trial.”

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