Posted on 06/24/2008 2:56:59 PM PDT by Uncle Ralph
Here we go.
The Los Angeles Times and Voice of America report that a federal appeals court in Washington has presumed to invalidate the commander-in-chief’s determination that a wartime detainee held by the military at the Guantanamo Bay naval base is an alien enemy combatant.
The detainee, Huzaifa Parhat, is a Chinese Muslim, one of nearly two dozen Uighurs captured in Afghanistan by American and allied forces after the September 11 attacks. Seventeen Uighurs are still being detained. The appeals court (which announced its ruling but has not yet released the formal decision because it contains classified information), ordered that Parhat must be released, transferred, or granted a new combatant-status hearing.
And so the Boumediene fallout begins.
Against the backdrop of the Supreme Court’s startling June 12 decision to grant the aliens held at Gitmo a constitutional right to challenge their detention in federal court, Parhat is living proof of the old saw that bad facts make bad law.
The Uighurs are technically classified as “enemy combatants.” Still, they have long been cleared for release because our military does not deem them a threat to the United States. That doesn’t mean they are not a threat, mind you. They are — it’s just that their beef is with China.
Thus we cannot return them to China because they'd be persecuted by its Communist regime. American treaty obligations forbid transferring a person to a country where he’d likely face persecution...
(Excerpt) Read more at article.nationalreview.com ...
Well....doesn’t President/Justice Kennedy have the power to raise his voice and deem said treaty overturned? He clearly thinks he is not only the CINC, but maybe God as well!
I feel like I’m watching these idiots close the coffin on me. We are doomed as a nation and a civilization. We don’t (meaning the majority of idiots in this country)deserve to survive. I wish there was some place left where liberty and freedom were cherished as it was here a long time ago. There is no where left to run to. And the libs are worse than they were 30 years ago. They are blatantly suicidal and dangerous.
This decision has exactly zero to do with Boumediene. This decision was made under the limited judicial review which Congress and the President authorized in the legislation which the Boumediene dissenters thought was good enough. So this case would have come out exactly the same way had the Boumediene decision gone the other way.
I have to say you nailed it...I’ve been thinking that way for awhile.
I feel like I’m watching these idiots close the coffin on me. We are doomed as a nation and a civilization. We don’t (meaning the majority of idiots in this country)deserve to survive. I wish there was some place left where liberty and freedom were cherished as it was here a long time ago. There is no where left to run to. And the libs are worse than they were 30 years ago. They are blatantly suicidal and dangerous.
The answer is the same everytime : FIGHT BACK!!!
There is more we can do than you realize.
Like so many other things that we conservatives consider part of the fabric of our country, leftists do not have the same understanding of what it means to honor a treaty. If Obama becomes president little details like not sending a detainee back to a country where he may suffer harm will be abrogated.
“Yes, but...” should be on the emblem of the Dem party.
Release em into the custody of the SCOTUS, preferably in the homes of the Gang of Five.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.