Intermarkets' Privacy Policy Support
Donate to Ace of Spades HQ! Contact
Ace:aceofspadeshq at gee mail.com Buck: buck.throckmorton at protonmail.com CBD: cbd at cutjibnewsletter.com joe mannix: mannix2024 at proton.me MisHum: petmorons at gee mail.com J.J. Sefton: sefton at cutjibnewsletter.com Recent Entries
Quick Hits
Democrat-Media Party Assassin Luigi Mangione: "This is clearly unjust, and an insult to the intelligence of the American people, and its lived experience!" Mitch McConnell Falls During Senate Lunch and Injures His Head Kerry Picket: Wray Wants to Avoid Being Fired by Trump, Plans to Resign Before the Inauguration White House Officials: Trump Has Cucked Joe Biden So Completely He's Now the Currently Serving President Trump Names Harmeet K. Dhillon to be Assistant AG for Civil Rights The Morning Rant: Minimalist Edition Mid-Morning Art Thread The Morning Report — 12/10/24 Daily Tech News 10 December 2024 Absent Friends
Bandersnatch 2024
GnuBreed 2024 Captain Hate 2023 moon_over_vermont 2023 westminsterdogshow 2023 Ann Wilson(Empire1) 2022 Dave In Texas 2022 Jesse in D.C. 2022 OregonMuse 2022 redc1c4 2021 Tami 2021 Chavez the Hugo 2020 Ibguy 2020 Rickl 2019 Joffen 2014 AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published.
Contact OrangeEnt for info:
maildrop62 at proton dot me Cutting The Cord And Email Security
Moron Meet-Ups
|
« McCain Aide Says "We'll Have Something to Talk About Tomorrow Morning" |
Main
| Obama Poetry Thread »
October 09, 2008
So What's All This About Guantanamo Bay Detainees Being Released into the United States?I've been meaning to write about this because the short version sounds pretty shocking: A U.S. district court has ordered seventeen Guantanamo Bay detainees to be released into the United States. The slightly longer version is also pretty shocking: The military decided in 2003 that ten Guantanamo Bay detainees are not enemy combatants in the War on Terror, but held them for five years nevertheless. Five more were cleared in 2005, but held nevertheless. Another was cleared in 2006, but held. And another this year, but held nevertheless. Now a U.S. district court has ordered the military to release all seventeen into the United States. The government held onto the detainees and insists that it should be allowed to continue to do so because it couldn't find a country willing to accept them (over 100 have been asked). The detainees are Chinese nationals and Afghanistan, where they were captured, doesn't want them back. China has actually demanded their return. But there's a problem. The U.S. government won't repatriate the detainees because it believes there is a very good chance they will be tortured if they are returned. Muslim Uighurs are subject to particularly horrendous treatment by the Chinese government owing to their religious and political beliefs. And there's another problem. Following the district court's decision, the White House announced that the Uighurs would be a security risk if released into the United States. The nature of the specific risk hasn't been disclosed. So, really, as far as the U.S. government is concerned, these detainees have nowhere to go. The district court disagreed and specifically (and correctly, I believe) noted that the military has no authority to detain individuals who are not enemy combatants. The court gives the military some lee-way for "winding up" detentions and looks prepared to allow anywhere from six months to a couple of years. Five years, however, is too long. The recent Supreme Court case, Boumediene v. Bush, which gave Guantanamo Bay detainees constitutional habeas rights, is taking a lot of the blame for this district court decision. It's true that the district court judge cites to Boumediene. But as flawed as that decision was, this same result would have occurred regardless. The blame lies with a few Supreme Court justices who consistently and persistently misread, misquote, and misapply U.S. and international law in order to reach politically-motivated results. Justice O'Connor laid the foundation for this order in Hamdi v. Rumsfeld (2004), when she wrote that the AUMF 2001 only authorized detentions for individuals determined to have planned, authorized, committed, or aided the 9/11 attacks or harbored those who did. (I believe this part of her decision wasn't wrong.) However, Justice Stevens made it possible in Rasul v. Bush (2004) for non-citizen Guantanamo Bay detainees to seek relief in federal courts. And with that unprecedented (really) reading of the law, this case was inevitable. At the moment, the district court order has been stayed so that an appellate court can consider the situation. It'll be interesting to see where they go with it. As far as I can tell, the court cannot force the government to alter its determination that China would torture the repatriated detainees. Nor can it force the military to consider them enemy combatants. Instead, the court will have to reconcile two competing provisions of the Constitution. First, Congress' power over immigration, as it has been delegated to DHS and DOJ, would seem to forbid the detainees' admission into the U.S. Second, the detainees' habeas rights seem to require that they be released from military custody. Those rights are meant to curtail the power of the federal government, so unless the military manages to come up with an alternative to holding them at Guantanamo Bay, I expect we'll be seeing Uighurs in D.C. soon. | Recent Comments
illiniwek:
""Trump should roll in and give Zelensky a call...y ..."
Itinerant Alley Butcher: "Maybe he's still able to to have sex, he just deni ..." Count de Monet: "Chained Heat 4: Chain Gang Men Starring Luigi ..." That PhD Candidate chick, just thrilled that someone actually talked about her thesis: ">>> >>>Prof. Alekseyeva's first academic book, An ..." Citizen Cake: ">>>As if NYC couldn't get any more insane Anthony ..." Accomack: "Colon pee ..." Ace-Endorsed Author A.H. Lloyd: "Hiking on steep inclines with lots of rocks mean i ..." JackStraw: "haven't Freudian slip. maybe ..." friends in low places: "He's like Che Guevara and Joker Tsarnaev attractiv ..." Accomack: ":P ..." a ficus: "I've never hurt anyone's back. ..." rickb223 Gold & Silver Spot Prices [s][/b][/i][/u]: "Trump Tells Trudeau He Won't Annex Canada If They ..." Recent Entries
Quick Hits
Democrat-Media Party Assassin Luigi Mangione: "This is clearly unjust, and an insult to the intelligence of the American people, and its lived experience!" Mitch McConnell Falls During Senate Lunch and Injures His Head Kerry Picket: Wray Wants to Avoid Being Fired by Trump, Plans to Resign Before the Inauguration White House Officials: Trump Has Cucked Joe Biden So Completely He's Now the Currently Serving President Trump Names Harmeet K. Dhillon to be Assistant AG for Civil Rights The Morning Rant: Minimalist Edition Mid-Morning Art Thread The Morning Report — 12/10/24 Daily Tech News 10 December 2024 Search
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Primary Document: The Audio
Paul Anka Haiku Contest Announcement Integrity SAT's: Entrance Exam for Paul Anka's Band AllahPundit's Paul Anka 45's Collection AnkaPundit: Paul Anka Takes Over the Site for a Weekend (Continues through to Monday's postings) George Bush Slices Don Rumsfeld Like an F*ckin' Hammer Top Top Tens
Democratic Forays into Erotica New Shows On Gore's DNC/MTV Network Nicknames for Potatoes, By People Who Really Hate Potatoes Star Wars Euphemisms for Self-Abuse Signs You're at an Iraqi "Wedding Party" Signs Your Clown Has Gone Bad Signs That You, Geroge Michael, Should Probably Just Give It Up Signs of Hip-Hop Influence on John Kerry NYT Headlines Spinning Bush's Jobs Boom Things People Are More Likely to Say Than "Did You Hear What Al Franken Said Yesterday?" Signs that Paul Krugman Has Lost His Frickin' Mind All-Time Best NBA Players, According to Senator Robert Byrd Other Bad Things About the Jews, According to the Koran Signs That David Letterman Just Doesn't Care Anymore Examples of Bob Kerrey's Insufferable Racial Jackassery Signs Andy Rooney Is Going Senile Other Judgments Dick Clarke Made About Condi Rice Based on Her Appearance Collective Names for Groups of People John Kerry's Other Vietnam Super-Pets Cool Things About the XM8 Assault Rifle Media-Approved Facts About the Democrat Spy Changes to Make Christianity More "Inclusive" Secret John Kerry Senatorial Accomplishments John Edwards Campaign Excuses John Kerry Pick-Up Lines Changes Liberal Senator George Michell Will Make at Disney Torments in Dog-Hell Greatest Hitjobs
The Ace of Spades HQ Sex-for-Money Skankathon A D&D Guide to the Democratic Candidates Margaret Cho: Just Not Funny More Margaret Cho Abuse Margaret Cho: Still Not Funny Iraqi Prisoner Claims He Was Raped... By Woman Wonkette Announces "Morning Zoo" Format John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia World Muslim Leaders Apologize for Nick Berg's Beheading Michael Moore Goes on Lunchtime Manhattan Death-Spree Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears Liberal Economists Rue a "New Decade of Greed" Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility Intelligence Officials Eye Blogs for Tips They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq Leather-Clad Biker Freaks Terrorize Australian Town When Clinton Was President, Torture Was Cool What Wonkette Means When She Explains What Tina Brown Means Wonkette's Stand-Up Act Wankette HQ Gay-Rumors Du Jour Here's What's Bugging Me: Goose and Slider My Own Micah Wright Style Confession of Dishonesty Outraged "Conservatives" React to the FMA An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear The Story the Rightwing Media Refuses to Report! Our Lunch with David "Glengarry Glen Ross" Mamet The House of Love: Paul Krugman A Michael Moore Mystery (TM) The Dowd-O-Matic! Liberal Consistency and Other Myths Kepler's Laws of Liberal Media Bias John Kerry-- The Splunge! Candidate "Divisive" Politics & "Attacks on Patriotism" (very long) The Donkey ("The Raven" parody) |