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Originally Posted by Codee
However if the ADministrative remedies have not been provided by the administration then no court can assume jurisdiction of the matter.
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Ok, then perhaps the way to skin this cat would be for the attorneys representing the Gitmo detainees to go after the feds for failure to establish an appeals procedure as required by law. That may be a bit sticky since all of this falls under Patroit Acts I & II and all the secrecy surrounding such stuff. Another thing that comes to mind is if they are "enemy combatants" they definately fall under the Geneva Convention irregardless of the presence of a "declared" or "undeclared" state of conflict. Perhaps an appeal to an international tribune is in order. The USA is a signatory to the Convention and would be subject to subject matter and in personam jurisdiction.