Posted on 09/01/2009 6:20:21 PM PDT by markomalley
An accused terrorist who was at the center of two previous Supreme Court decisions over his years-long detention by the U.S. military has lost his latest legal challenge.
A federal judge on the U.S. District Court for the District of Columbia has ruled that Fawzi al-Odah of Kuwait can be held at the Guantanamo Bay detention facility in Cuba, denying his petition for habeas corpus, which had demanded that the government justify his imprisonment.
In a ruling released by the court Tuesday, Judge Colleen Kollar-Kotelly offered a more restrictive view of executive authority to indefinitely detain terrorist suspects than the Obama and Bush administrations had offered.
Nevertheless, she said, "the government has met its burden to show by a preponderance of the evidence that al-Odah became part of the Taliban and al-Qaeda forces."
The judge said she carefully weighed the evidence presented by the Justice Department against al-Odah and "whether the individual functions or participates within or under the command structure of the organizations -- i.e., whether he received and executes orders of directions." Kollar-Kotelly found that the Kuwaiti native belonged in that category.
Al-Odah has admitted that he was at a Taliban camp in Afghanistan when the terror attacks on U.S. soil occurred September 11, 2001, and that he met with and traveled with armed Muslim fighters. He was captured during the battle of Tora Bora in Afghanistan in late 2001 and transferred to U.S. military custody.
(Excerpt) Read more at cnn.com ...
ROT you SOB.
The judge must be a Reagan appointee.
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.