Judge Orders Gitmo Detainee Mohammed Jawad Freed

ABC ^ | 30 July 09 | Jake Tapper

[Jay777]

District Court Judge Ellen Segal Huvelle Thursday morning granted Guantanamo detainee Mohammed Jawad, a writ of habeas corpus that could result in his being freed on August 21.

Justice Department officials 22 more days to determine whether or not they can try Jawad in a criminal court in the U.S.

Jawad was arrested by Afghan police in December 2002 for allegedly throwing a grenade into a vehicle containing two US troops and an Afghan interpreter. It's unclear how old Jawad was at the time, but he was almost certainly 17 years old or younger. Jawad confessed to Afghan police that he had committed the crime, but later told US officials that he only did so because he had been tortured by them, making the evidence unusable under President Obama's new rules for detainees.

The Justice Department says it has "newly available evidence" of Jawad's "involvement with the grenade attack on two U.S. servicemen." But the Justice Department isn't asking for more time to investigate the new evidence. And on Wednesday night Justice Department officials submitted a proposed writ of habeas corpus for Judge Huvelle to sign.

"We have informed the judge in this case that we will not contest the writ of habeas corpus and that we are not detaining Jawad in order to conduct a criminal investigation of his actions," Justice Department spokesman Matt Miller said in a statement last night. "Instead, we have informed the court that there are a number of steps the government must undertake to comply with Congressional reporting requirements before any transfer can take place. In the meantime, Department prosecutors are investigating whether they can make a criminal case against Jawad, an effort that is proceeding separate and apart from his habeas case.

[Jay777]

ACLU CELEBRATE RELEASE OF TERRORIST BACK TO BATTLEFIELD!

[bluejay]

The world has gone insane

[pray4liberty]

Fine. Let him throw a grenade into her house.

[Jeff Head]

Damnable fools.

Anyone interested in the truth about Islamic Jiahd, and how it is a main stream of the belief system and not something a small group of them has perverted, should get and read the book:

"The Legacy of Jihad," by Andrew G. Bostom.

Andrew G. Bostom's Site

Make sure your read the entire Preface and Forward. The book is absolutely critical in understanding the true aims of Islam as moved forward by Mohammed, its historical precedent, and what a danger regimes like the one in Iran, Palestine, Syria, and elsewhere represent to us all, our way of life, our liberty, and our very life.

Thanks to noumenon for pointing me to this book...please consider getting one...getting several (I do) and passing them around.

[Shaka]

I knew this was going to happen...but I am still speechless.

[IrishCatholic]

Well, it seems true of all civilizations. They are brought down from inside.

[Godwin1]

What vile scum infest our court system now! The courts are full of treasonous political hacks with no feeling for our country or its way of life.
Of course, we know this. But then it is ludicrous that foreign terrorists captured on foreign battlefields in ground operations against American troops should EVER go before the courts. They should be locked up and held by the Army until the conflict is over and won. Period.

[Iron Munro]

Get the JAG lawyers off the front lines and out of the field and these problems won’t take long to resolve.

[SunkenCiv]

District Court Judge Ellen Segal Huvelle

[JrsyJack]

Note to military...next time someone throws a grenade in your direction, shoot him. A double tap to center mass resolves all legal ambiguity.

[Redbob]

I think it’s time for the Congress to criminalize any acts of war taken by any non-uniformed personnel anywhere in the world.

The penalty to be death.
Regardless of age.

Would that take care of this slimy camel-jockey?

[Lurkina.n.Learnin]

And Obama wants to bring the detainies here to keep a campaign promise. We are assured our prisons can hold them but no mention of cases like this. When a Judge orders their immediate release what then ?

[Jacquerie]

The judge is only following precedent from our petty tyrants on the Supreme Court.

2004 Rasul v. Bush. Foreign enemy combatants, two Australians and twelve Kuwaiti citizens were captured by US forces. For the majority, Justice John Paul Stevens wrote that they had the right to petition federal courts to review their status as detainees. The presence of the soldiers who captured them could be required in US courts.