U.S. judge orders release of 17 Guantánamo detainees

International Heral Tribune ^ | 10/8/2008 | BWilliam Glaberson

[doc30]

A federal judge has ordered the Bush administration to release 17 detainees at Guantánamo by the end of the week, the first such ruling in nearly seven years of legal disputes over the administration's detention policies.

The judge, Ricardo Urbina of U.S. District Court, ordered Tuesday that the 17 men be brought to his courtroom Friday from Guantánamo, where they have been held since 2002. He indicated that he would release the men, members of the restive Uighur Muslim minority of western China, into the care of supporters in the United States, initially in the Washington area.

"I think the moment has arrived for the court to shine the light of constitutionality on the reasons for detention," Urbina said.

[doc30]

These guys sound like Mulsim terrorists caught by the U.S. in training camps, but were planning on targeting China. And China wants them back for punishment.

[CholeraJoe]

How many soldiers does Judge Urbina have?

Right. Not enough.

[schu]

If Bush had any cajones he would refuse. Just say: “sorry, we will choose not to abide by your ruling ... take us to court”.

schu

[P-Marlowe]

 

Photo:  R. Strauss/Smithsonian  Chambers:  (202) 354-3390 Courtroom Deputy:    Jim Dales (202) 354-3151 Court Reporter:    Wendy Ricard (202) 354-3111

Judge Ricardo M. Urbina Judge Urbina was appointed to the United States District Court in July 1994.  He received a B.A. in 1967 from Georgetown University and graduated from the Georgetown University Law Center in 1970.  He served as staff attorney for the D.C. Public Defender Service from 1970 to 1972 and then entered private practice.  From 1974 to 1981 he taught at Howard University Law School and directed the University's Criminal Justice Program.  He was appointed Associate Judge of the Superior Court of the District of Columbia in April 1981, and served as Presiding Judge of the Court's Family Division from 1985 to 1988.  Click Here to go to Judge Urbina's Court Webpage.

[RC2]

During WWII, we locked up Japanese, right or wrong, because we “thought” they could be our enemies. Today, we take “know” enemies and turn them loose on our own soil......in our nations capital no less. Great, just great.

[gundog]

Ready on the right, ready on the left, ready on the firing line....

[Vigilanteman]

Well, release them then. To the Chinese.

Let's even show we're compassionate by giving the Chicoms the bullets to execute them, thereby sparing their families of a bill to pay.

[McGruff]

This is a complicated case if you read the full article. If they got sent back to Chine they'd wish they were still at Club Gitmo.

[dirtboy]

Today, we take “know” enemies

Except these guys are not known enemies. They are Uighurs who are fighting against the Chicoms. Federal courts have repeatedly ruled they are not a threat to the US. So how can they be held as enemy combatants?

[DoughtyOne]

I can see the guy demanding they be released if that's the way he sees it.  I cannot see him releasing them to the United States.

Simply amazing...


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[PatriotCJC]

I have some insight into this. They should be released.

Can’t say no more

[jessduntno]

Why were they picked up?
Were they picnicing in the wrong countryside?

[The Sons of Liberty]

A Klinton appointee - I could've guessed.

[nclaurel]

If they are to be released in Washington I might suggest they be released in Congress. Let the Democrats have a lottery to see who can keep them on what night!

[webrover]

We should reach out to our good friends in China and ship the Moslem's to them for disposal.

[P-Marlowe]

A Klinton appointee - I could've guessed.

What do you want to bet he was confirmed 100-0?

[brytlea]

I think when a judge makes a decision like this, he should be completely totally responsible for what these people do afterwards, and anyone harmed by them should be able to bring suit against him.

[lepton]

Except these guys are not known enemies. They are Uighurs who are fighting against the Chicoms. Federal courts have repeatedly ruled they are not a threat to the US. So how can they be held as enemy combatants?

They are being held as, "We don't want them, but no one who isn't going to just kill them will take them."

[Thank You Rush]

“”If they are to be released in Washington I might suggest they be released in Congress. Let the Democrats have a lottery to see who can keep them on what night!””

One in each Democrat’s DC residence for a year - then rotate them from now until eternity.

[oneolcop]

"they'd wish they were still at Club Gitmo."

Works for me!

[Ruy Dias de Bivar]

The JUDGE has spoken. Lets load them on a plane and fly them home.

Uh-ho, we lost the “cargo” somewhere over the Atlantic.

[RasterMaster]

Judge has ZERO juridiction over GITMO.

[nclaurel]

That gets my vote—they worry about the terrorists “rights” so having them so close they could tuck them in at night and protect them. That is until the sweeties from Gitmo beheaded them.

[stevem]

If Bush had any cajones he would refuse. Just say: “sorry, we will choose not to abide by your ruling ... take us to court”.

IMHO, Bush should never have argued the case in court. He should have said at the very beginning he doesn't care if the judge rules in his favor or not as this is not part of the judges job description.

He could also say the administration will deal with it when hostilities end.

[sport]

If they must be released I can’t think of a better place to release them than Washington D.C.

[sport]

If they are muslims, while they might not be a threat to the United States, they definately a threat to the infidels.

After all, the guys that flew the planes into the World Trade Center were actually Southern Baptists masquerading as muslims.

[happygrl]

He indicated that he would release the men, members of the restive Uighur Muslim minority of western China, into the care of supporters in the United States, initially in the Washington area.

If they're so harmless, why doesn't he take one home?

[dirtboy]

They are being held as, "We don't want them, but no one who isn't going to just kill them will take them."

Basically, that's been the situation. I think it's been a mistake to continue to hold them at Gitmo. That should be reserved for actual enemy combatants, not those who are not interested in attacking the United States.

[dirtboy]

IMHO, Bush should never have argued the case in court. He should have said at the very beginning he doesn't care if the judge rules in his favor or not

Do you REALLY want the Executive to have the power to detail persons without appeal - and that they should be allowed to ignore court decisions when someone is wrongly held and without due process? Be careful what you ask for, you might get it.

[dirtboy]

Why were they picked up? Were they picnicing in the wrong countryside?

Bounty hunters in Afghanistan delivered them to coalition forces.

[dirtboy]

After all, the guys that flew the planes into the World Trade Center were actually Southern Baptists masquerading as muslims.

The 9-11 hijackers were mostly upper-class Saudis who hated American. These guys are from a group fighting the Chicoms. Why would we hold them as enemy combatants?

[C210N]

without a doubt...

GUILTY!

[stevem]

Do you REALLY want the Executive to have the power to detail persons without appeal - and that they should be allowed to ignore court decisions when someone is wrongly held and without due process? Be careful what you ask for, you might get it.

If they are POWs you can bet your life I feel that way...until the hostilities end! Furthermore, the US Constitution applies to US citizens...NO ONE ELSE! Don't you agree with that???

Clown judges have NO PLACE telling the President how to conduct a war!!! Such appears nowhere in the Constitution or their constitutional mandate.

The vast majority of these POWs want you DEAD! Does that bother you at all?

Indeed, the President should take the judges written decision, go before a press conference and tear it into tiny pieces. He should then tell the clown judge if he has a problem with that to make an appointment!

[dirtboy]

If they are POWs you can bet your life I feel that way...until the hostilities end! Furthermore, the US Constitution applies to US citizens...NO ONE ELSE! Don't you agree with that???

I have no problem holding actual POWs or enemy combatants until the end of a conflict or until they are in Depends, whichever comes first.

However, these guys were captured by bounty hunters in Afghanistan. They are from a group fighting the Chicoms, not the US. Multiple courts have ruled they are not a threat to the United States, including panels with a majority of conservative jurists.

You cannot just knee-jerk reactions here. Just because liberal pinheads attack Gitmo, it does not mean that all persons held in Gitmo SHOULD be held there as enemy combatants. And it isn't that long a trip from being set up as a foreigner for indefinite detention to being an American citizen being set up for indefinite detention. Do you REALLY want this kind of power in the hands of a President Obama, if there is another OKC-type bombing? He'd just declare conservative activists to be domestic enemy combatants and it's down the memory hole for us.

[Question Liberal Authority]

How many soldiers does Judge Urbina have?

At least 17.

[doc30]

I was thinking that if they are released in D.C., they might end up with cabinet positions if Obama get elected.

[Centurion2000]

bump

[Centurion2000]

These guys sound like Mulsim terrorists caught by the U.S. in training camps, but were planning on targeting China

Fine, release them on the shores of China.

[sport]

They probably will.

[RC2]

So you are saying that our military put them in Gitmo for no reason at all? Hard to believe.

[relee]

If they must be released I can’t think of a better place to release them than Washington D.C

They are being released in McLean, VA and they will stay with relatives there. McLean is a very nice part of Virginia and I'm certain they will like McLean better that Cuba, except maybe the weather.

[wardaddy]

Post 8, before someone actually read the article.

this case is troubling...can’t send them back and not much evidence whether they were fighting a holy war or the chinese

[wardaddy]

you know dirt....nobody talks about it but we have held Mariel boatlift guys never charged with anything in the US in Federal prison since 1980 because we felt they were a threat...

it’s a dark world for those caught between soverignty

[dirtboy]

Amen, wardaddy. From what I have read, the Chinese wanted the US to classify the Uighar rebels as terrorists in return for not exercising Security Council veto power against US Iraq resolutions after 9/11. I have no problem with letting actual enemy combatants rot in Gitmo. But I also have no desire to empower the executive to hold ANYONE without some semblence of due process - and I’m fine with military tribunals to accomodate that. But this case is very disturbing, and a classic example that the power of the executive to declare someone to be an enemy combatant without recourse of appeal is just too dangerous.

[Squantos]

I would be willing to bet ya a cold drink that they ain’t there due their pissy attitudes.........:o)

[neutronsgalore]

“I have some insight into this. They should be released.”

I think they should be released too....at high altitude over the Pacific.

[Osage Orange]

I’d wager more than that.............

[Squantos]

LOL......:o)

[Osage Orange]

BTW, I have repeated your tag-line to many folks.

Some nervously laugh, some look at me oddly.

I say it very seriously and look them right in the eyes.....Personally I love the reactions........

[aNYCguy]

I think when a judge makes a decision like this, he should be completely totally responsible for what these people do afterwards, and anyone harmed by them should be able to bring suit against him.

Are you fifteen years old?