Posted on 06/02/2009 11:47:04 AM PDT by Sergeant Tim
In arguing that the Uighurs must be kept out, the Justice Department speaks very generally about how the detainees do not qualify for entry under “the federal immigration laws.” The Supreme Court is informed that those laws are “comprehensive and reticulated,” but the DOJ is careful not to specify any of them except for Section 1182(f). That’s the statute in which Congress reposed sweeping discretionary powers in “the President” to bar “any aliens or ... class of aliens” whose entry the president believes “would be detrimental to the interests of the United States.”
That’s fine as far as it goes. But note that Justice does not make a single reference to Section 1182(a)(3). That’s the provision in which Congress bars from admission any alien who has been affiliated with a terrorist organization or has had terrorist paramilitary training. In this litigation, that would be checkmate, so why not invoke it? Very simply: Because while Section 1182(f) is a limitation on the power of the court, Section 1182(a)(3) is a limitation on the power of Obama. The administration does not want to acknowledge any such limitations — doubtless because, as the brief asserts, “the Executive” is still “encouraging other countries to participate in resettlement efforts.”
Neither the Supreme Court nor Congress is going to like this game. The administration is telling the justices that Congress has rendered them powerless to order the Uighurs’ release in the United States, yet DOJ refuses to acknowledge that Congress has also rendered the president powerless to release them here. Obviously, the administration is engaging in this sleight of hand because President Obama still intends to resettle at least some of these trained terrorists in the United States.
(Excerpt) Read more at article.nationalreview.com ...
Here's the kicker. The DOJ cited an earlier ruling in Friday's filing:
In Parhat v. Gates, (citations omitted), the court of appeals resolved one of the DTA cases, holding that the record before the CSRT did not support petitioner Parhat’s detention as an enemy combatant under the definition applied at that time by the Department of Defense. The court explained that, although the evidence showed that Parhat had lived and received weapons training at a Uighur camp in Afghanistan that was “run by an ETIM leader,” there was insufficient reliable evidence in the record to establish that ETIM was “associated with” al Qaeda or the Taliban or that ETIM engaged in hostilities against the United States or its coalition partners—two criteria that the government acknowledged were necessary to justify Parhat’s long-term detention. In particular, the court determined that the CSRT could not rely on unsourced intelligence reports because they did not contain sufficient explanation to allow the CSRT or the court to assess their reliability.
An immigration court judge might not be so forgiving while reviewing the intelligence about the Uighurs compared to the Real ID Act that says if you received terrorist training or associated with terrorists you are inadmissible.
And, on April 20, 2009, Obama declared the very same guy who trained some of the Uighurs, Abdul Haq, a terrorist, the head of the Uighurs' terrorist organization (ETIM/ETIP), and Haq a member of al Qaeda's shura council since 2005.
Why not release them in Chicago? The Hyde Park neighborhood is nice.
Ping!
Idiots.
“I underestimated the creepiness.”
They're a bloodthirsty bunch but haven't committed capital offenses against us.
Wadda ya do. If we release them they are dead, if we hold them.....where? what legal status? They would be ACLU poster children.
Put them on a cargo plane. Get it up to 35,000 feet. Push them out the back door.
"Petitioners are free to return to their home country, but they understandably do not wish to do so, because they fear inhumane treatment there. Petitioners are also free to go to any other country that is willing to accept them."To counter the Uighurs protests that were reported by Fox News yesterday, I would post on all four sides of their baracks this sign:
Welcome to the Hotel Guantanamo. You can check out any time you like but you can never leave.We did not ask them to train as terrorists or associate with terrorists to kill Chinese. Fixing their problem by bringing them here where thousands of Chinese diplomats and business people might be targets and when our family members might end up collateral damage, would be reckless. Most Americans get what the ACLU will never understand.
If I were advising the ChiComs, I’d tell ObaMao to either extradite the Uighurs or we wouldn’t show up for the next T-Bill auction. It would be a great test to see if he caves.
The administration is telling the justices that Congress has rendered them powerless to order the Uighurs' release in the United States, yet DOJ refuses to acknowledge that Congress has also rendered the president powerless to release them here. Obviously, the administration is engaging in this sleight of hand because President Obama still intends to resettle at least some of these trained terrorists in the United States.Wait until Sotomayor gets in the robe.
Let me guess, Mr. Obama or somebody else in the government thinks the Uighurs are related to Cenk Uygur, the Air America Radio talk show host, right?
Heh... well, distantly, they probably are...
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