At the time of his detention, Mr Fogle was wearing a blond wig and reportedly carrying a large sum of money, as well as technical devices and written instructions for the Russian agent he had tried to recruit.

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They include a sum of money in 500-euro banknotes and two wigs, one of which he was apparently wearing at the time of his detention.

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"At the time of their detention, neither the Supreme Court nor this court had ever held that aliens captured on foreign soil and detained beyond sovereign U.S. territory had any constitutional rights, " the court said.

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The extension of detention time was essential to "balance the scales of justice", said Mr MacAskill.

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Lawmaker Tzachi Hanegbi, head of parliament's Foreign Affairs and Defense Committee during the time of the prisoner's detention in 2010, told Israel Radio on Sunday his committee was frequently briefed by Israel's intelligence bodies on matters of national security, but he was never told about the prisoner.

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That Obama would attempt this highly unpopular transfer yet again is further symptomatic of his failure as a wartime Commander-in-Chief, shown this time through his unwillingness to use military detention -- a tool fundamental to the prosecution of a war -- despite clear authority from Congress to do so.

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He compared the idea with measures introduced by the Labour government - such as longer periods of pre-charge detention - which he said were justified at the time on security grounds but had proved to be damaging.

BBC: UK Politics

His detention was protested at the time by a Saudi dissident group known as the Committee for the Defense of Legitimate Rights, according to U.S. officials.

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