Judge Grants Writ of Habeas Corpus for 5 out of 6 Gantanamo Detainees

Judge Orders Five Detainees Freed From Guantánamo

In the first hearing on the government's justification for holding detainees at the Guantánamo Bay detention camp, a federal judge ruled Thursday that five Algerian men were held unlawfully for nearly seven years and ordered their release.

Judge Leon, in a ruling from the bench, said that the information gathered on the men had been sufficient to hold them for intelligence purposes, but was not strong enough in court.

“To rest on so thin a reed would be inconsistent with this court’s obligation,” he said. He directed that the five men be released “forthwith” and urged the government not to appeal.

Judge Leon, who was appointed by President Bush, had been expected to be sympathetic to the government. In 2005, he ruled that the men had no habeas corpus rights.

I gather from people who were there that the Judge was fairly impassioned in his request to the government lawyers to let this case drop. That's really unusual, and suggests that they really had no case.

Judge Leon has issued an opinion (warning: 3.1 MB scanned .pdf), which skirts the actual evidence for security reasons, but is still good reading.

This is a historic moment — the rule of law grinds slowly, but maybe it's got some life in it yet.

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4 Responses to Judge Grants Writ of Habeas Corpus for 5 out of 6 Gantanamo Detainees

  1. Randon says:

    There are of course, no such things as terrorists! The notion of the terrorist is a fictional entity created by Bush!

    Please refrain from publishing the ruling. It would be better to say all the men were innocent and released. Otherwise, a pesky inquiring mind (unsanctioned by the Party) might discover that Leon found that more likely than not Bensayah is a terrorist who intended to kill Americans. Some might ask why the other detainees were associating with Bensayah… michael you really must be more careful.

    The Mighty O has announced that the only terrorist is Bin Laden, who the Mighty O will capture in due time. Once Bin Laden is captured, the Mighty O will declare his Pax Obama which shall last 1000 years.*

    * The Party recognizes that although there are no other terrorists but Bin Laden, there are others who have ill will towards America. The Mighty O recognizes that the source of this ill will is Israel. The Mighty O shall force the Israelis to give up land. The Mighty O shall host another glorious White House lawn meeting** between Israel and the Arabs, and the Pax Obama shall begin!

    ** The Party believes the reason for the ultimate failure of the handshake between Rabin and Arafat was not because Arafat was a mass murderer who should never have been trusted. In fact the failure was due to the use of the antiquated “handshake”. The Mighty O shall demand the Israeli and Hamas representatives “fist bump” instead.

    All Hail the Mighty O! May the Pax Obama not tarry in its coming!

  2. LACJ says:

    Dagblast these activist librul judges!! Proof that Bush governed as a Librul, he was a RINO in sheep’s clothing. Those animals are Terrorists, can’t all you moonbat bourgeois law students understand that?

    They are obviously Terrorists, because they ended up in Guantanamo, its as clear as a dirty hippie’s blank stare!

    Arafat was worse than HItler!!1! And Israel never sends missiles into civilian areas! Certainly not weekly, like these unhinged Libtards would have you believe~!

    These animals are Terrorists, and if we let them out then they will attack us again! You see, they are the ONLY Terrorists in the whole world! Therefore if we keep them locked up without even a shred of due process, we are safe!

    But if we let them out they will radicalize a whole generation in Iraq and Pakistan and Afganistan!

    These America-haters will tell you they have become radicalized by bombs killing children and no due process and no respect for sovereignty and the corrupt Saudi Monarchy, but they are traitor moonbats who hate America and ought to be kicked out of American!! Morans!!

    These loosers will tell you that these 5 people represent a tin,y tiny fraction of the number of active terrorists in the whole world and could not have any effect, but the are Obamiacs with ties to domestic terrorist who furthermore attack their own countrymen!!!1!

  3. BroD says:

    Random is right: these guys have been palling around with terrorists for the past seven years for Pete’s sake!

  4. Randon says:

    Although the opinion is silent on the issue, it is safe to assume that the released men are college Professors holding doctorates in subterranean climatology. All nice men you would not hesitate to hire as babysitters. They were innocent prisoners of the Great Satan Bush, soon to be vanquished by the Mighty O.

    The Mighty O will surely pardon Bensayah as his first official act of office.

    All Hail the Mighty O!

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