« Hitler Loses The McMansion | Main | No News: RAWMUSCLGLUTES Taken In By Silly Internet Story, Shrieks Excitedly Like Little Girl, Then Claims Universal Defense of "Irony" »
November 20, 2008

Federal Judge Orders 5 GITMO Detainees Released "Forthwith"

Getting judges involved in national security matters, what could go wrong?

U.S. District Judge Richard J. Leon, in the first ruling to carry out the Supreme Court’s June decision on detainees’ rights, ordered the federal government to release five Guantanamo Bay detainees “forthwith.” The judge found, however, that the government had justified the continued imprisonment of a sixth detainee, Belkacem ben Sayah.

The judge, in an unusual added comment, suggested to senior government leaders that they forgo an appeal of his ruling on freeing the five prisoners, suggesting that “seven years is enough” in captivity. He argued that the government could pursue whatever legal issues it wished to while defending on appeal his ruling in the case of ben Sayah.

One of those covered in this decision is Lakhdar Boumediene. It was Boumedinene who was the named defendant in the Supreme Court case which granted foreign nationals, held outside of US territory access to American courts.

Lawfare! It's Awesome.

Thanks to Gabe who is too busy working to blog for you. Just remember who really cares about you morons.

UPDATE: Gabe sends this along in email.

Judge Leon has been extremely fair in all his war on terror cases. If he says the classified documents provided by the government do not credibly establish that these five men are enemy combatants, I am inclined to believe him. That he did, in fact, rule that the sixth should continue to be detained reinforces the idea that he is giving some deference to the military's evidence.

Keep in mind that he is required at this point to rule on their habeas petitions. He originally upheld the MCA and was subsequently overruled by the Supreme Court. It was not his idea to allow overseas detained enemy combatants access to the federal courts. But now that they have been given such access, he is bound by his oath to give them a fair hearing.

I can't speak to Judge Leon's previous record or the benefit of the doubt he should get (though there's no reason to doubt Gabe on that) but I absolutely agree with his larger point...this isn't about any particular district judge's decision, it's about the Supreme Court.

Boumediene v. Bush basically offered these detainees a way to short circuit the military tribunals and threw open the court house doors by saying detainees had Habeas rights. They basically then told the lower courts to work out what other rights they had and the standards to adjudicate them. Judge Leon, like all other lower court judges have to figure this out for themselves but they are bound to give these guys fair hearings and that's not their fault, that's the Supreme Court's fault.


digg this
posted by DrewM. at 12:40 PM

| Access Comments




Recent Comments
Christopher R Taylor: "[i]Good lord Joe, get your ears checked. And 70's ..."

FenelonSpoke: "I found that review of the book with "intimate, ca ..."

Rob Crawford: ""Everyone hates the travelers." Just because yo ..."

alexthechick - Ragebunny. Hopping all around.: "OH AP, I am so sorry. Horde. Horde. *hands al ..."

Bertram Cabot, Jr.: " [i]UPITER, Florida... [/i] Don't be so upity ..."

Trump poisoned my cat: "Not-breaking news: The Left already has seceded ..."

Uriah: "The one whose wife I want to bang. Posted by: Dav ..."

J.J. Sefton: " 417 Racing With the Moonbat Posted by: Bertram C ..."

Christopher R Taylor: "[i]Country music died when most of it's classic ar ..."

Bertram Cabot, Jr.: "Racing With the Moonbat ..."

J.J. Sefton: " 414 That's nothing compared to Neptune, New Jer ..."

Banana Splits Guy - Push It If You Want: ">>> Everybody else was born on the planet Krypton ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
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)
News/Chat
Archives
Powered by
Movable Type 2.64