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Justice Department Wants To Keep Gitmo Uighurs Behind Bars
Yesterday, a federal judge ordered the release of 17 detainees -- ethnic Uighurs from western China who were captured during fighting in Afghanistan -- being held at Guantanamo Bay. It was the first time a court had ordered the release of any detainees from Guantanamo.
But in a statement released last night, the Department of Justice said that the ruling "presents serious national security and separation of powers concerns" and announced that DOJ is filing an emergency appeal to ensure the men stay behind bars.
The statement also alleged that the men "have admitted to receiving weapons training at camps in Afghanistan." But this summer, a panel of judges found that the evidence on which that conclusion was based came from classified documents that "do not state (or, in most instances, even describe) the sources or rationales for those statements."













This is like a tacit admission of what more reasonable minds already knew: such irrational detainments create new national security risks. Such detainment creates terrorists. Why should they not view us as enemies, if we imprisoned them for no reason for years? We are creating enemies where perhaps none existed before.
The other insidious thing: the Cheney family and Armitage are investors and beneficiaries of the detainment industry, CACI, and CCA. These companies bill the feds daily by # of "beds filled." Do the math. Go read the "investors" sections of those companies' websites. They have big, big plans for "growth."
Perhaps they would like to detain the "liberal media" who object to such. That's the way it worked in fascist states.
October 8, 2008 12:27 PM | Reply | Permalink
How do you say we're sorry for robbing someone of family and life for so many yrs of their lives ? Why we would ever hold those that should be allies with us against the Chinese instead of recruiting them never made much sense to me. What were they thinking or were they ?
Cheney has decided to fight these power battles to the very end in hopes of not being sued or held accountable. We should hope our allies overseas are ready to indict as of Jan 21st, lord knows they have more than enough evidence already.
October 8, 2008 12:55 PM | Reply | Permalink
Possibly the most disgraceful statement on this comes from Dana Perino (NYT via Froomkin):
"The White House press secretary, Dana Perino, said the administration was 'deeply concerned by, and strongly disagrees with' the decision. She added that the ruling, 'if allowed to stand, could be used as precedent for other detainees held at Guantánamo Bay, including sworn enemies of the United States suspected of planning the attacks of 9/11, who may also seek release into our country.'
Someone who can claim that a ruling releasing the innocent is bad because it might lead to releasing the guilty is truly the face of evil.
October 8, 2008 1:30 PM | Reply | Permalink
"national security", "separation of powers", "executive privilige" are code words for executive excuse.
Will the 111th congress seek to define these terms or will the American public be held captive to this ever uncertainty?
These innocent people need freedom regardless.
October 8, 2008 2:26 PM | Reply | Permalink
These prisoners are hostages to Congress' continuing cowardice in the face of the Addington crew.
This does, in fact, serve Cheney's purpose of establishing unlimited Executive powers in the face of judicial branch opposition. Note that 'separation of powers' comment. For Addington/Cheney, what the Executive decides, in the sphere that applies to what the Executive believes is its own, is law. And that sphere extends as far as the Executive believes it does. This is not what is usually meant by a 'constitutional government.'
In other words, they can do whatever they fucking want. This is our own fault really, for voting cowards into Congress, who, like McCain, don't care about the pitiful spectacle they make, as long as they run out the clock.
But this is also a tragedy. And it is one every single one of us is responsible for, since we cast the ballot for so many worthless Democratic cowards.
October 8, 2008 3:50 PM | Reply | Permalink
Judge Urbina, who ordered them released, told Administration attorneys to bring them to his courtroom. He wants to see them before they are released. The US informed the judge that the INS might detain them after their release, a common procedure when an undocumented alien has completed a prison sentence in the US. In this case, however, the detainees were not found guilty of any crime. The judge's response:
“I do not expect these Uighurs will be molested by any member of the United States government, I’m a federal judge, and I’ve issued an order.”
I love it when a judge refuses give in to Republican thuggery.
October 8, 2008 3:52 PM | Reply | Permalink
I have said, many times, that the only branch that has stood up to the Admin is the Judicial.
The same thing happened in Pakistan. Finally Musharraf disbanded their Supreme Court and no doubt received a congratulatory call from Bush himself for that bold step.
Too bad that didn't go over as well with the Pakistanis themselves, who cared about their own Constitution, than with the dictator's allies in the White House.
October 8, 2008 4:11 PM | Reply | Permalink
Like the economy, all the lies are now unraveling. Sweet.
The language of the current maladministration is not nuance: "separation of powers concerns" means that "we will ignore you, the court, if we decide that we can".
Try that one when you get a court order.
Rule of law? Bull.
October 8, 2008 4:24 PM | Reply | Permalink
**************
Someone who can claim that a ruling releasing the innocent is bad because it might lead to releasing the guilty is truly the face of evil.
**************
Yep, and replace "An institution that" for "someone who" and you have the definition of what our DOJ has willingly become. Those who are still there, 8 years into the Bush "policies" are there because they like the face they see in the mirror. That's a knot that won't ever be unravelled.
And what we know now, since at least the publication of Jane Mayer's book, is that Addington and all the President's lawyers were given unequivocal information no later than mid 2002 that a large chunk of those held at GITMO (without even thinking of all those held at Bagram and later, in Iraq)were absolutely innocent of any connections with terrorism or the Taliban.
But while they get lionized by those in search of a hero, the likes of Jack Goldsmith et al took those facts, and still embraced their "torture tour" merit badges and did nothing. Said nothing. And still, to this day, advocate for continuing to torture the innocents in secret prisons rather than undermine the "Republican Presidential Power" they are vested in.
At least their divestiture is likely to come if there is a Democratic President. It doesn't take much more than that to change any of their presidential ideology. And even a Democratic president, with the choice we have left, will bend over backwards to accomodate THEIR continued freedom, despite their conspiracies of torture and kidnap and imprisonment.
And if a Democratic president does, ultimately end up in office, they will get the "blame" of releasing terrorists into society if the follow the law - all because the heads of the the DOJ for the entirety of the Bush administration, whether AG, DAG, Sol Gen or Dep, head of OLC or head of CRiminal divisions, or by and large, USAs, have all been willing torture advocates - have all wanted to sit back and adopt policies of human experimentation without remorse.
Whether you believe in it or not, you can at least understand why humanity has hell as a construct. The fact that the people who are willing to embrace and cover up that much evil end up rewarded with sinecures makes the ration and humane parts of the brain, or soul if you will, revolt.
October 8, 2008 5:00 PM | Reply | Permalink
OK, so much for Marbury v. Madison. It's not really clear to me why Mukasey seems so determined to earn himself a spot at The Hague; maybe it's just envy that he arrived on the scene so late.
October 8, 2008 8:47 PM | Reply | Permalink