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Nightline Daily E-Mail April 20, 2004
TONIGHT'S FOCUS: The first major constitutional challenge to the war on terror today, in front of the nine justices of the Supreme Court. Next week, the court will hear two related landmark cases. At stake: fundamental questions about the Constitution, civil rights and the government's responsibility to protect its citizens in a time of war.
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More than 600 men from 44 countries live in the U.S. Navy prison camp on Guantanamo Bay, Cuba. Most of them were captured in Afghanistan and Pakistan. But they haven't been charged with any crimes, and there are no trial dates set for them on any court calendars. Technically, they aren't prisoners of war either - and so they aren't protected by the international protections provided to POW's. They have no legal rights.
But it's possible that many of these 600 men are unaware that today, their futures were considered by the highest court in the United States.
This morning the Court heard its first constitutional challenge to the war on terror, in the first of three landmark cases on related matters it will hear this month. It was such a significant case that, for only the third time in the court's history, audio recordings of today's arguments were released.
Before the court today was a very specific point: do the "enemy combatants" being held at Guantanamo Bay have the right to a day in court? Do non-U.S. citizens, held outside U.S. borders, have a right to try to win their freedom via U.S. courts? Today's appeal was raised on behalf of 16 detainees -- two British, two Australian and 12 Kuwaiti -- who had all hoped for that day in court.
Nightline's Michel Martin will report on the case, and will look ahead to the related landmark cases before the court next week. Because of the Court's rare decision to release audio recordings, you'll have a chance to hear extended excerpts of these arguments, an experience usually reserved for the handful of reporters and observers who can squeeze into that courtroom. Chris Bury will then talk with ABC News' new Supreme Court Correspondent Manny Mendrano, who was in that courtroom today and can give us a taste of the atmospherics there. Finally, Chris Bury will talk to two legal scholars about the issues at stake, and how the Court might rule in this key matter.
We hope you'll join us.
Sara Just and the Nightline Staff Nightline Offices ABCNEWS Washington D.C.
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