From a New York Times article on a federal appeals court decision denying detainees access to US courts:
The decision was a broad victory for the Obama administration in its efforts to hold terrorism suspects overseas for indefinite periods without judicial oversight.
The court has ruled that as long as the government detains prisoners in Afghanistan rather than the US, they are not entitled to the same process as they would be if they were detained somewhere else, regardless of where they were captured. That’s quite a loophole.
In the meantime, Britain’s new government is confronting its complicity in torture and looking to roll back surveillance powers and other impingements on civil liberties. I’m envious and more disappointed than ever in the Obama administration.