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Judge Bars Transfer of 13 Gitmo Detainees
AP ^ | 3/30/5 | SIOBHAN McDONOUGH

Posted on 03/30/2005 10:16:40 AM PST by SmithL

WASHINGTON, (AP) --

A federal judge has prohibited the government from moving 13 Yemenis from the U.S. detention center for terrorism suspects at Guantanamo Bay, Cuba, to other countries without giving them a chance to contest the transfer in court.

U.S. District Court Judge Henry H. Kennedy Jr., in granting an injunction requiring 30 days' notice before the detainees are transferred, said their concerns about losing more rights under lock and key in another country are legitimate.

Kennedy's decision on Tuesday affects just the 13 Yemenis held at Guantanamo, but lawyers for dozens of other detainees there have asked other federal judges to block such transfers on similar grounds.

Lawyers for the Yemenis were concerned the government would try to move them from the Guantanamo Bay facility to another country. They contend the Defense Department is actively planning the transfer of detainees to countries that would torture or imprison them indefinitely without due process of law.

The government has denied the assertions. The Justice Department did not immediately return a phone call Wednesday seeking comment on the judge's decision.

Kennedy said worries about the risk of torture in another country are not "frivolous." Moreover, the detainees might lose any chance to get a fair hearing when challenging the legitimacy of their detention, he said.

The judge dismissed as "vague premonitions" the government's argument that having to give notice would encroach on the administration's foreign relations and war on terrorism.

(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Foreign Affairs; Front Page News; Government; News/Current Events; War on Terror
KEYWORDS: detainees; enemycombatant; gitmo; judicialactivist; terrorists
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Transfer the judge, instead.
1 posted on 03/30/2005 10:16:40 AM PST by SmithL
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To: SmithL

End the imprisonment at Guantanamo, continue the imprisonment at Guantanamo, will you leftists make up your mind?


2 posted on 03/30/2005 10:18:46 AM PST by wideawake (God bless our brave soldiers and their Commander in Chief)
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To: SmithL

wow, judges really do believe they run this country





well, I guess with the free hand they have, they do


3 posted on 03/30/2005 10:19:57 AM PST by sure_fine (*not one to over kill the thought process*)
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To: wideawake

"...their concerns about losing more rights under lock and key in another country are legitimate."


How bout a transfer to Pinellas County?


4 posted on 03/30/2005 10:21:10 AM PST by Fam4Bush
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To: SmithL

Isn't this just more proof that the judiciary thinks it controls the executive branch and the Congress as well as the courts?


5 posted on 03/30/2005 10:22:04 AM PST by Brilliant
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To: Brilliant

Exactly-- Federal judges have as much authority over captured combatants as I do.


6 posted on 03/30/2005 10:23:42 AM PST by pierrem15
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To: SmithL

Move them to Florida where Judge Greer can starve them and dehydrate them to death.


7 posted on 03/30/2005 10:23:56 AM PST by expatguy (http://laotze.blogspot.com/)
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To: SmithL
Maybe they should just be sent home, turned over to the proper authorities.

Nope can't do that cause they might be subject to thew laws of that country.

I have it move them to the judges quarters provide exterior guards and he will be resosponible for their conduct inside his house, if he doesn't like that move them to the local ACLU HQ, ie the ACLU state location that filed the briefs.

Let them feed an care for them, if my tax dollars pay for it might as well be the ACLU money that has been stolen from me.

Let the judges and the ACLU live with the results of their lawsuits.

8 posted on 03/30/2005 10:24:33 AM PST by dts32041 (When did the Democratic party stop being the political arm of the KKK?)
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To: SmithL

"...concerns about losing more rights under lock and key in another country are legitimate"

I don't understand. Isn't GITMO a cross between the black hole of Calcutta and the legal 'land that time forgot' that Liberals have made it out to be? Gee, you mean terrorists would prefer detention in a US facility (ghastly as it is) to detention elsewhere??? Has the left lied to us about the conditions and treatment of detainees at GITMO??? I am shocked!!!


9 posted on 03/30/2005 10:25:54 AM PST by SMARTY
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To: SmithL
"Oh, you mean those prisoners - they're already gone - but we can take you to them..."
10 posted on 03/30/2005 10:25:58 AM PST by talleyman (E=mc2 (before taxes))
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To: SmithL

Anyone taken into custody by the All-Mighty-State should be treated according to the laws of the United States and any treaties the United States has signed. It should not matter where a prisoner is located.


11 posted on 03/30/2005 10:27:00 AM PST by BikerNYC
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To: SmithL

I wonder if any of these countries are the ones the Supremes look to when they use international opinions and laws to unconstitutionally shape their decisions these days.


12 posted on 03/30/2005 10:32:37 AM PST by GaltMeister (“All that is necessary for the triumph of evil is that good men do nothing.”)
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To: wideawake

So, let me get this straight:

We are being tortured in your prisons.....


But we don't want to go to another country's prisons..??

......

.....


Huh?



RLTW


13 posted on 03/30/2005 10:36:09 AM PST by military cop (military cop)
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To: SmithL

Don't transfer them, simply invite other to come pick them up and take them somewhere else.


14 posted on 03/30/2005 10:37:08 AM PST by kimoajax
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To: SmithL

The Defense Dept needs to ignore this idiot and transfer these people where and when they need to.


15 posted on 03/30/2005 10:37:30 AM PST by Leatherneck_MT (3-7-77 (No that's not a Date))
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To: BikerNYC

These prisoners are not afforded the rights of US citizens. It is not illegal to be associated with AlQueada by our laws any more than to be associated with the KKK. IT was not illegal to be German during WWII but we knew better than to try them by our laws or ever try them till the war was over. That is what a POW is.

WAKE UP AMERICA!!!!


16 posted on 03/30/2005 10:50:59 AM PST by Tenacious 1 (Dems: "It can't be done" Reps. "Move, we'll find a way or make a way. It has to be done!")
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To: Leatherneck_MT

Next thing you know, the enemy will use our court system to keep our troops from attacking them.

"Your Honor, my client believes that the imminent attack by the thuggish US military would cause him grievious harm..."

And there are judges today that would grant the enemy a restraining order against the military!


17 posted on 03/30/2005 10:52:58 AM PST by ex 98C MI Dude (Our legal system is in a PVS. Time to remove it from the public feeding trough.)
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To: Tenacious 1
If they are lawfully in custody, they should be treated the same by the State no matter where the State holds them. It is the State detention that is the gravamen of the situation, not where the State detains them.
18 posted on 03/30/2005 10:55:40 AM PST by BikerNYC
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To: ex 98C MI Dude

I'll tell you what, it's high time that our elected reps started growing some nads in order to put these people back in their place. The Congress of the United States has jurisdiction OVER the courts. Why these spineless wimps continue to bow to these judges, absolutely staggers the mind.


19 posted on 03/30/2005 10:55:48 AM PST by Leatherneck_MT (3-7-77 (No that's not a Date))
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To: pierrem15
Exactly-- Federal judges have as much authority over captured combatants as I do.

Huh? Last time I checked, you have NO control, but Federal Judges have over-reached and are exercising all kinds of control of everything imaginable.
20 posted on 03/30/2005 10:59:15 AM PST by demkicker (John McCain is a power hungry traitor and proved it on 2/19/05 in Iraq)
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