The subjugation of detainee rights was brought into question before a federal judge in district court on January 7, 2009. The Justice Department defends the policy of indefinite detention, arguing that the release of prisoners illegally held at the Bagram Air Force base poses a security risk.  However, defense lawyers and human rights advocates argue that the Bagram detainees are no different than the illegally held Guantanamo prisoners and should be afforded the same rights that were guaranteed to the Guantanamo detainees under a 2008 Supreme Court ruling.

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