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.
Bigtime ping.
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.
Perfect pedigree of a limousine liberal.
Is the AP saying that on Sept 12, 2001 over half the people captured were already at Guantanamo?
I don't know about "automatically", but I'm pretty sure it will be appealed.
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.
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]
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.
<< This ruling will be automatically appealed, right? >>
It will also be ignored.
Legally and lawfully.
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!
I'm sure Rumsfeld & crew enjoyed a good laugh at this.
What ever happened to the military tribunals that were going to be set up? Did the gov't wimp out?
This sticker is designed for application to newspaper vending machines
The AP is our enemy
Sure judge. We have the list right here at Gitmo. Come on down and get it. Nothing will happen. Really.
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.
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
Xactly.
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