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February 21, 2007
Score one for the Good Guys
Guantanamo inmates denied legal challenge
WASHINGTON — A federal appeals court ruled Tuesday that foreign-born prisoners seized as potential terrorists and held in Guantanamo Bay cannot challenge their detention in U.S. courts, a key victory for President George W. Bush’s anti-terrorism plan.
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that civilian courts no longer have the authority to consider whether the military is illegally holding the prisoners — a decision that will strip court access for hundreds of detainees with cases currently pending.
Barring federal court access was a key provision in the Military Commissions Act, which Bush pushed through Congress last year to set up a system run by the Defence Department to prosecute terrorism suspects.
At the White House, deputy press secretary Dana Perino called the decision “a significant win” for the administration and said the Military Commissions Act provides “sufficient and fair access to courts for these detainees.”
Under the commissions act, the government can indefinitely detain foreigners who have been designated as “enemy combatants” and authorizes the CIA to use aggressive but undefined interrogation tactics.
Mostly criticized by Democrats and civil libertarians was a provision that stripped U.S. courts of the authority to hear arguments from detainees who said they were being held illegally.
Well! Judges who actually read the law, know the law and make their ruling based on the law! I'm impressed, especially after reading this:
Released Gitmo Detainee Arrested En Route to Iraq
Fahd al-Utaibi a/k/a Naif Fahd Al Aseemi Al Utaibi arrived in Saudi Arabia May 18, 2006 from Guantanamo, along with 14 others released by the US. He is currently on trial in Yemen for forging travel documents in order to join the jihad in Iraq.
The left, and the mainstream media will ignore this story and most of America will never know the true nature of the animals stored at Gitmo, being fed and clothed and coddled with American tax payer dollars.
Bottom line... the bastard should have been shot while trying to escape.
Posted by LindaSoG at February 21, 2007 07:09 AM
Comments
Thanks Linda, it was a sane decision by the US District Court, if left to me they'd all have been hung by now as non uniformed irregulars and spies along with Ramsey Clark.
Posted by: Jack at February 21, 2007 11:28 AM
One small step. This is war and the Geneva Convention is all we need to follow legally. The courts should not even be involved.
Because these are terrorists we are battling, who have not signed on to the Geneva Convention, we really should be fighting them no holds barred, no legal restrictions.
Posted by: TomR at February 21, 2007 02:38 PM
WT,
I'm not trying to be pessimistic but Debbie Schlussel has a piece on this topic on her web site.
http://www.debbieschlussel.com/
Just because they don't get to use the American courts, it sounds like they could end up in the "hostile" Cuban courts.
"Don't Cheer the Ruling Against Gitmo Terrorists Just Yet"
By Debbie Schlussel
........."Yesterday's decision held that Guantanamo Bay fall under Cuban sovereignty. And that's not a good thing, because if yesterday's decision is upheld, you know where the Gitmo terrorists' lawyers are headed next: Cuban courts".
There are also moronic senators such as far left patrick "la la" leahy who sees this will "strip the rights of 12 million lawful permanent residents in the U.S." I guess when we take these terrorists off the battle field they automatically become "lawful permanent residents of the U.S." No brains no pain I guess.
Lets keep our eyes wide open.
Posted by: Dan at February 21, 2007 04:06 PM
Let's hope Debbie is wrong. As for the US Courts, at least some of them get it.
Posted by: raz0r at February 21, 2007 10:38 PM
