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U.S. Judge: Guantanamo Suspects Have Rights
Yahoo ^ | 01/31/2005 | James Vicini

Posted on 01/31/2005 9:36:17 AM PST by Hawk44

WASHINGTON (Reuters) - A U.S. judge dealt a setback to the Bush administration and ruled on Monday that the Guantanamo Bay terrorism suspects can challenge their confinement and the procedures in their military tribunal review process are unconstitutional.

U.S. District Judge Joyce Hens Green said the prisoners at the U.S. military base at Guantanamo Bay in Cuba have constitutional protections under U.S. law.

"The court concludes that the petitioners have stated valid claims under the Fifth Amendment to the United States Constitution and that the procedures implemented by the government to confirm that the petitioners are 'enemy combatants' subject to indefinite detention violate the petitioners' rights to due process of law," Green wrote.

More than 540 suspects are being held at Guantanamo after being detained during the 2001 invasion of Afghanistan (news - web sites) and in other operations in the U.S. war on terrorism. They are al Qaeda suspects and accused Taliban fighters. The ruling pertained to only 50 detainees.

Bush administration attorneys argued the prisoners have no constitutional rights and their lawsuits challenging the conditions of their confinement and seeking their release must be dismissed.

The tribunals, formally called a military commission, at the base were authorized by President Bush (news - web sites) after the Sept. 11, 2001, hijacked airliner attacks on the United States, but have been criticized by human rights groups as unfair to defendants.

At issue in the ruling was the July 7, 2004, order by Deputy Defense Secretary Paul Wolfowitz creating a military tribunal -- called the Combatant Status Review Tribunal -- to check the status of each Guantanamo detainee as an "enemy combatant."

The procedures used for the tribunals "are unconstitutional for failing to comport with the requirements of due process," Green concluded.

She said the procedures failed to give the detainees access to material evidence and failed to let lawyers help them when the government refused to disclose classified information.

The main part of her ruling held the suspects can challenge their confinement and rejected the government's position that all the cases must be dismissed.

"Of course, it would be far easier for the government to prosecute the war on terrorism if it could imprison all suspected 'enemy combatants' at Guantanamo Bay without having to acknowledge and respect any constitutional rights of detainees," Green said.

"Although this nation unquestionably must take strong action under the leadership of the commander in chief to protect itself against enormous and unprecedented threats, that necessity cannot negate the existence of the most basic fundamental rights for which the people of this country have fought and died for well over two hundred years," Green said.

"In sum, there can be no question that the Fifth Amendment right asserted by the Guantanamo detainees in this litigation -- the right not to be deprived of liberty without due process of law -- is one of the most fundamental rights recognized by the U.S. Constitution," she said.

Green also ruled that some of the suspects have brought valid claims under the Geneva Convention, the international treaty protecting the rights of prisoners of war.

A group of attorneys representing some of the suspects hailed the ruling. "Now it's time for this administration to act," they said in a statement. "Today's decision is a momentous victory for the rule of law, for human rights, and for our democracy."

Green's 75-page opinion was the unclassified version and stemmed from 11 cases involving Guantanamo prisoners.

Her ruling probably will not be the final word on the issue. A different federal judge in Washington, D.C., on Jan. 19 dismissed the cases of seven Guantanamo prisoners on the grounds they had no recognizable constitutional rights and were subject to the military review process.

The cases could be appealed to the U.S. appeals court, and then ultimately to the U.S. Supreme Court (news - web sites). (Additional reporting by Deborah Charles)


TOPICS: Culture/Society; Foreign Affairs; Government
KEYWORDS: enemycombatant; gitmo; liberaljudges; militarytribunal; terrorist
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Another Clintonista ruling that will be overturned.
1 posted on 01/31/2005 9:36:18 AM PST by Hawk44
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To: Hawk44

Another stinking liberal activist judge! Recall the bitch!


2 posted on 01/31/2005 9:37:32 AM PST by 7.62 x 51mm (• veni • vidi • vino • visa • "I came, I saw, I drank wine, I shopped")
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To: Hawk44
One word...Jurisdiction


3 posted on 01/31/2005 9:38:34 AM PST by darkwing104 (Let's get dangerous)
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To: Hawk44

Yes, they do.

The RIGHT to choose:

Choice A

1. 230gr .45acp

Choice B

2. 185gr 30.06

Choice C

3. 500gr .50cal

Choice D

4. 1000 lb bomb (for group usage only!)


4 posted on 01/31/2005 9:39:05 AM PST by HMFIC (The Peace Symbol is the FOOTPRINT of the American CHICKEN!)
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Comment #5 Removed by Moderator

To: Hawk44
"...prisoners at the U.S. military base at Guantanamo Bay in Cuba have constitutional protections under U.S. law."

This I cannot comprehend.

If I relinquish my US citizenship or if I am an exiled criminal or disaffected loser and I join an extreme radical group ....go to New Zealand, Guatemala, Finland... wherever, and proceed to murder unarmed persons who have done nothing to me... what rights should I expect from my captors?
6 posted on 01/31/2005 9:41:18 AM PST by SMARTY ("Stay together, pay the soldiers and forget everything else." Lucius Septimus Severus to his sons)
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To: appalachian_dweller

Easy there tiger...you're starting to sound a little like the DU people.


7 posted on 01/31/2005 9:42:08 AM PST by rhc2000
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To: Hawk44
yea, they have rights, the right to live or die...

they can either tell us what we want to know and live or they can die...

their decision, their right!

Semper Fi,
Kelly

PS time to start removing some of these anti-American judges!
8 posted on 01/31/2005 9:42:23 AM PST by kellynla (U.S.M.C. 1st Battalion,5th Marine Regiment, 1st Marine Div. Viet Nam 69&70 Semper Fi)
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To: darkwing104

Judges like this need to be arrested and placed in Guantonomo. because as surely as I sit here writing this post if we turn these prisoners loose they will go out and murder inocent people. Its just too bad we cant move them in next to her beautiful country place.


9 posted on 01/31/2005 9:42:25 AM PST by sgtbono2002
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To: SMARTY

Remember this:

If America ever falls, a/the LIBERAL(s) will have had a MAJOR part in it. Once you realize that, you can see how stupid liberal judges who rule like this really are.


10 posted on 01/31/2005 9:43:26 AM PST by HMFIC (The Peace Symbol is the FOOTPRINT of the American CHICKEN!)
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To: SMARTY

We hold these truths to be self evident that all men are created equal, that they are endowed by their creator with certain unalienable rights...

So yes they do have Constitutionally protected rights. But every one of those rights can be removed with DUE PROCESS in a court of law. So try them before a jury of those they have victimized and if they are guilty, hang em high.


11 posted on 01/31/2005 9:44:41 AM PST by boofus
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To: sgtbono2002
Judges like this need to be arrested and placed in Guantonomo.

Don't need to go that far. The Judge went outside of her sphere of control...It will get overturned. Have faith.


12 posted on 01/31/2005 9:47:03 AM PST by darkwing104 (Let's get dangerous)
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To: Hawk44

President Jimmy Carter appointed Judge Green to the DC District Court in 1979. http://www.innsofcourt.org/contentviewer.asp?breadcrumb=6,123,125,1280


13 posted on 01/31/2005 9:47:35 AM PST by MisterRepublican (Liberalism kills.)
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To: HMFIC

You forget e: all of the above


14 posted on 01/31/2005 9:48:08 AM PST by dts32041 (When did the Democratic party stop being the political arm of the KKK?)
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To: Hawk44
Ah yes, just another display of the complete legal chaos that aptly describes our system of justice today. These jerks spend enormous amounts of time and our money 'venue' shopping an issue until the desired result is obtained. And the opponents of the finding spend just as much time and money undoing the erroneous results.

In this instance, I wish this idiot judge would please take her concerns for Human Rights and Due Process to Iraq - Maybe she could convince the Terrorists of their victims rights in this regard and thereby end the beheadings.IMO She's in an insulated cocoon, isolated from reality.

15 posted on 01/31/2005 9:48:30 AM PST by drt1
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To: appalachian_dweller

Better yet, shoot the detainees and there's no more problem. If they were from any particular country and wore a uniform, we couldn't do that, but they're not and they don't so we can.


16 posted on 01/31/2005 9:48:36 AM PST by wolfpat (Dum vivimus, vivamus)
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To: Hawk44
However, I applaud the fighting will of the Liberal judge. I think Conservatives and Republicans can use a little backbone and some boldness. That might cause them to fight with more desire.

Liberal's wearing berkenstocks in san francisco impress me more than the Right in their will to fight.

But I often hear - "we need to be persuasive, cogent and appealing". I also often hear "Ann Coulter is too harsh".

If I were in a war I'd want Ann Coulter as my spotter - my snip buddy. Or I'd spot for her.
17 posted on 01/31/2005 9:48:43 AM PST by Idisarthur
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To: Hawk44

We have GOT to get rid of these people!!! Activist judges have NO place in our legal system.


18 posted on 01/31/2005 9:49:27 AM PST by DustyMoment (Repeal CFR NOW!!)
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To: sgtbono2002

She reminds me of the secretary from the Beverly Hillbillies show with some extra lbs and worse hair.

19 posted on 01/31/2005 9:49:51 AM PST by Thebaddog (Dawgs off the coffee table.)
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To: 7.62 x 51mm

She's been around a long time. Just because you disagree with her ruling doesn't mean you should call her names. That's a little immature, don't you think?


20 posted on 01/31/2005 9:49:54 AM PST by mlc9852
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