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Judge Orders Release of Gitmo Detainee IDs (To AP)
AP/yahoo ^ | 01/23/06 | LARRY NEUMEISTER

Posted on 01/23/2006 8:38:28 PM PST by quantim

NEW YORK - A federal judge ruled Monday that the Defense Department must release the identities of hundreds of Guantanamo Bay detainees to The Associated Press.

U.S. District Judge Jed S. Rakoff told the government to provide the information in the form of unredacted copies of transcripts and documents related to 558 military hearings in which detainees were permitted to challenge their incarcerations.

Most of the hundreds of prisoners at the U.S. prison in Cuba have been held since the Sept. 11, 2001, attacks without being charged or publicly identified, which has troubled human rights groups.

The AP filed its Freedom of Information Act lawsuit seeking the documents last year. The government then turned over the transcripts of 558 tribunals but redacted facts about each detainee's identity.

The judge gave the government until Wednesday to decide whether to appeal to the 2nd U.S. Circuit Court of Appeals and ask him to suspend his order.

Earlier this month, the judge rejected government arguments that the detainees' names should be kept secret to protect their privacy, but gave the government one last chance to change his mind.

In response, the government argued that releasing the identities could subject the families, friends and associates of the detainees to embarrassment and retaliation.

In a written ruling Monday, the judge said he found that argument unconvincing. He said family members and the others "never had any reasonable expectation" of anonymity.

Many of the detainees were captured in Afghanistan, and are there, the Persian Gulf, Russia and other countries.

A spokeswoman for federal prosecutors, Heather Tasker, said the government had not seen the ruling and had no response.

AP attorney David A. Schulz said he expected the government to appeal.

"The judge has rejected the Defense Department's effort to use the privacy interests of detainees to prevent the public from learning information about the actions taken at Guantanamo Bay," he said.

Last year, the judge ordered the government to ask each detainee whether he or she wanted personal identifying information to be turned over to the AP as part of the lawsuit.

Of 317 detainees who received the form, 63 said yes, 17 said no, 35 returned the form without answering and 202 declined to return the form.

The judge said none of the detainees, not even the 17 who said they did not want their identities exposed, had a reasonable expectation of privacy during the tribunals.


TOPICS: Crime/Corruption; Front Page News; News/Current Events; War on Terror
KEYWORDS: guantanamo; terrorismgitmo; treason
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To: holdonnow

Bigtime ping.


21 posted on 01/23/2006 9:07:24 PM PST by JennysCool (Non-Y2K-Compliant)
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To: quantim
Rakoff, Jed Saul
Born 1943 in Philadelphia, PA

Federal Judicial Service:
U. S. District Court, Southern District of New York
Nominated by William J. Clinton on October 11, 1995, to a seat vacated by David N. Edelstein; Confirmed by the Senate on December 29, 1995, and received commission on January 4, 1996.

Education:
Swarthmore College, B.A., 1964

Oxford University, Balliol College, M.Philosophy, 1966

Harvard Law School, J.D., 1969

Professional Career:
Law clerk, Hon. Abraham Freedman, U.S. Court of Appeals, Third Circuit, 1969-1970
Private practice, New York City, 1970-1972
Assistant U.S. attorney, Southern District of New York, 1973-1980
Chief, Business and Securities Fraud Prosecutions, 1978-1980
Private practice, New York City, 1980-1995

Race or Ethnicity: White

Gender: Male

22 posted on 01/23/2006 9:07:30 PM PST by SmithL (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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To: Rome2000
His name is Donald Newhouse, billionaire democrat and managing director of the Associated Press, a leftist propaganda organ comitted to undermining the GOP at any cost, including the security of the nation.

We need a Conservative Aid Society that will subsidize the rents of murderers, rapists, burglers, ETC. to live all around this lunatic. In fact, this should be done nation wide. Let the "annointed" live among the vermin that they love so much.

23 posted on 01/23/2006 9:15:16 PM PST by Mad_Tom_Rackham (A Liberal: One who demands half of your pie because he didn't bake one.)
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To: SmithL

Perfect pedigree of a limousine liberal.


24 posted on 01/23/2006 9:20:39 PM PST by thoughtomator
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To: quantim; Landru; starbase; Timesink; martin_fierro; reformed_democrat; Loyalist; =Intervention=; ...
The Enemy Within:

25 posted on 01/23/2006 9:20:53 PM PST by ForGod'sSake
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To: quantim
Most of the hundreds of prisoners at the U.S. prison in Cuba have been held since the Sept. 11, 2001

Is the AP saying that on Sept 12, 2001 over half the people captured were already at Guantanamo?

26 posted on 01/23/2006 9:22:27 PM PST by Mike Darancette (Condimaniac)
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To: demkicker
This ruling will be automatically appealed, right?

I don't know about "automatically", but I'm pretty sure it will be appealed.

27 posted on 01/23/2006 9:33:31 PM PST by El Gato (The Second Amendment is the Reset Button of the U.S. Constitution)
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To: Dog Gone; Shermy; Gophack; Ernest_at_the_Beach; Dark Wing
The federal judiciary will keep on pushing and pushing into the Executive branch's core powers until we have a President who tells them where to go. This is a separation of powers issue.

Dog Gone, you may recall that I, as a supporter of legalized abortion, finally came around to opposing Roe v. Wade after I decided that it was where the federal judiciary went off the rails. We are now paying the price for the imperial judiciary, and it started with Roe v. Wade. I've concluded that abortion should be decided by the states, save in instances of rape, incest and the health of the mother.

Because letting it stand invites judicial over-reaching like this legal atrocity here.

28 posted on 01/23/2006 9:42:04 PM PST by Thud
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To: quantim; Mad_Tom_Rackham

Nominated by William J. Clinton on October 11, 1995 .... Confirmed by the Senate on December 29, 1995, and received commission on January 4, 1996.

Rack off, Rakoff.

Traitor!

[And rakeoff some more cli'tonesque cattle-futures tips and campaign donations from your fellow-terroristic islamafascist superiors]


29 posted on 01/23/2006 9:48:45 PM PST by Brian Allen (How arrogant are we to believe our career political-power-lusting lumpen somehow superior to theirs?)
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To: quantim
The judge has rejected the Defense Department's effort to use the privacy interests of detainees to prevent the public from learning information about the actions taken at Guantanamo Bay,

IF that's what the attorney for the United States argued, he or she should be given a pink slip, tomorrow, if not sooner. The real argument would be on lack of jurisdiction, lack of applicable law, and the inherent powers of the commander in chief. The only exception might be in regard to US Citizens captured overseas, but even that is far from clear in cases such as this.

30 posted on 01/23/2006 9:50:06 PM PST by El Gato (The Second Amendment is the Reset Button of the U.S. Constitution)
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To: El Gato; demkicker

<< This ruling will be automatically appealed, right? >>

It will also be ignored.

Legally and lawfully.


31 posted on 01/23/2006 9:50:47 PM PST by Brian Allen (How arrogant are we to believe our career political-power-lusting lumpen somehow superior to theirs?)
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To: Brian Allen
Thanks, I needed to hear that! J
32 posted on 01/23/2006 9:54:59 PM PST by demkicker (democrats and terrorists are familiar bedfellows)
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To: quantim
In response, the government argued that releasing the identities could subject the families, friends and associates of the detainees to embarrassment and retaliation.

In a written ruling Monday, the judge said he found that argument unconvincing. He said family members and the others "never had any reasonable expectation" of anonymity.

This argument seemed to work with the Vince Foster photos. Release the photos!

33 posted on 01/23/2006 10:43:51 PM PST by Diver Dave
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To: quantim

I'm sure Rumsfeld & crew enjoyed a good laugh at this.


34 posted on 01/24/2006 12:00:32 AM PST by DTogo (I haven't left the GOP, the GOP left me.)
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To: quantim

What ever happened to the military tribunals that were going to be set up? Did the gov't wimp out?


35 posted on 01/24/2006 12:45:36 AM PST by Northern Alliance
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To: ForGod'sSake; quantim

 

This sticker is designed for application to newspaper vending machines

The AP is our enemy

36 posted on 01/24/2006 7:03:01 AM PST by bert (K.E. N.P. Slay Pinch)
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To: quantim

Sure judge. We have the list right here at Gitmo. Come on down and get it. Nothing will happen. Really.


37 posted on 01/24/2006 8:11:03 AM PST by Dilbert56
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To: quantim

As a lawyer who practices in New York I can honestly say that I have never appeared before a more pompous asshole than Jed Rakoff. You would think his Courtroom were on Mt. Sinai, not Foley Square. He will eat this publicity up.


38 posted on 01/24/2006 10:50:20 AM PST by Inwoodian
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To: SmithL

Jakoff, Jed Saul
Born 1943 in Philadelphia, PA

Federal Judicial Service:
U. S. District Court, Southern District of New York
Nominated by William J. Clinton on October 11, 1995, to a seat vacated by David N. Edelstein; Confirmed by the Senate on December 29, 1995, and received commission on January 4, 1996.

Education:
Swarthmore College, B.A., 1964

Oxford University, Balliol College, M.Philosophy, 1966

Harvard Law School, J.D., 1969

Professional Career:
Law clerk, Hon. Abraham Freedman, U.S. Court of Appeals, Third Circuit, 1969-1970
Private practice, New York City, 1970-1972
Assistant U.S. attorney, Southern District of New York, 1973-1980
Chief, Business and Securities Fraud Prosecutions, 1978-1980
Private practice, New York City, 1980-1995

Race or Ethnicity: White

Gender: Neutered Male


39 posted on 01/24/2006 1:43:57 PM PST by Ouderkirk (Funny how death and destruction seems to happen wherever Muslims gather...)
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To: Ouderkirk

Xactly.


40 posted on 01/24/2006 2:15:41 PM PST by samadams2000 (Remember our Founding Fathers were REAL men- Unlike today's Rinos)
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