Appeals court rules against Bush administration in enemy combatant case.
Filed Under: Terrorism
By on Jun 23rd, 2008 at 11:35 am
Appeals court rules against Bush administration in enemy combatant case.
The U.S. Court of Appeals for the D.C. Circuit has “overturned the Pentagon’s classification of a Guantanamo detainee as an enemy combatant,” undermining “the basis for his more than six years in detention.” The court also rejected the argument that the President can “detain people who never took up arms against the U.S.,” dealing another setback to the Bush administration’s detention program.
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Wow. Six years. Not exactly swift justice, but it appears they’re finally doing the right thing.
June 23rd, 2008 at 11:38 amIt’s nice to see that we have one branch of our government that’s still obeying the Constitution.
June 23rd, 2008 at 11:38 amOUCH! That’s gotta really hurt the BushCo Bully torture fun & games party.
But then, when have they ever worried about the Rule of Law before. Sigh.
June 23rd, 2008 at 11:38 amLet me guess, you’ll hear about 3 seconds of this on the news.
In fact, you’ll see more coverage of Bush whining about activist judges than any content of rule of law.
We have hundreds of detainees being tortured in the name of freedom…(’yes, this is going to hurt, but we’re doing it in the name of freedom’.)
The punishment for high crimes & treason is waterboarding, right?
June 23rd, 2008 at 11:39 amYeah, but can’t Pelosi and Reid retroactively make this guy a bona fide “terraistsss…”?
Damn, I’ll never be able to look at a court finding or potential court case the same thanks to the gutless dems and telecom immunity.
All that is henceforth illegal can and will(?) be made legal.
June 23rd, 2008 at 11:41 amI wanna see Bush try and float “executive privilege” when the spate of lawsuits start inundating the principal characters in this comic-tragedy known as The Bush Era.
June 23rd, 2008 at 11:42 amThe court also rejected the argument that the President can “detain people who never took up arms against the U.S.,”
In other words Bush is not a pre-Magna Carta monarch who can imprison anyone he desires for whatever reason. Oddly enough, the rest of us thought this question was settled over two-hundred years ago but then C-average Bush never was that swift.
http://progressiveworldreview.com
June 23rd, 2008 at 11:45 amAnd we’ll be on the legal hook, when these detainees start suing in court. Another of the hidden costs of this abomidable administration.
June 23rd, 2008 at 11:49 amthere’s hope for the democracy after all!
June 23rd, 2008 at 11:50 amYeah, but can’t Pelosi and Reid retroactively make this guy a bona fide “terraistsss…”?
No, but they can so muddy the waters that no one is ever held accountable.
June 23rd, 2008 at 11:51 amThank you Founding Fathers, we owe you one.
June 23rd, 2008 at 11:58 amA combatant needs to be engaged in combat? Who’d thunk it?
Thought crimes are still OK, then?
June 23rd, 2008 at 12:06 pmrogerse Says:
But the legality of detaining enemy combatants at gitmo has still been upheld.
There you go. We CAN have the right of habeus corpus and a trial to determine whether “enemy combatant” status applies, without undermining security. That’s what liberals and progressives have been saying all along.
June 23rd, 2008 at 12:08 pmThe bush administration is the worst case scenerio that the Founders envisioned when they were writing and debating the Bill of Rights and the Constitution.
June 23rd, 2008 at 12:09 pmWell hell, there goes another city. Thanks activist judges.
Have you seen those guys in Gitmo? They are all brown! I swear, if that’s not a bunch of terrorists, I have never seen one. Kill them all, I say. Why would you even take the risk that these guys could go home and talk about the torture in Gitmo? What kind of seeds of hate would that sow?
Please protect me George, please, I beseech thee. I will give you all my civil liberties, and I will even volunteer my neighbor’s kid to fight your Holy War. And if I could ask one more small favor, could you keep this piss from filling my shoes? I would be eternally grateful.
A Repugnicunt.
June 23rd, 2008 at 12:11 pmWill the Judges be rounded up and sent to Gitmo for this?
Dictator Bush is gonna be soooo pissed about this, he just might slam a couple of doors…hard, or yell at an intern or two.
June 23rd, 2008 at 12:12 pmWonder if the five “activist” Supremes will hold together on this one.
June 23rd, 2008 at 12:14 pmrogerse Says: But the legality of detaining enemy combatants at gitmo has still been upheld.
Gotta prove they are enemy combatants first rog…
This is a problem, because most of the people at Gitmo, if not all, haven’t committed a single combative act. How smart do you think that is for preventing anger against the U.S or making us safer? Think about this - what if China captured someone from your family and held them captive for six years without evidence of any wrong doing or a trail. What would you do? Think about that.
June 23rd, 2008 at 12:14 pmAbout time the little boy king got a spanking…
Loooong overdue, if you ask me.
June 23rd, 2008 at 12:16 pmThis criminal and obscene administration still has to be held accountable for WAR CRIMES!
June 23rd, 2008 at 12:16 pmThe Republican and Fox News arguement about many not being US citizens, so therefore they should not have any rights. I’m ecstatic to see this view is not shared by the US Court of Appeals and that our laws still prevail.
The tragedy is that the ruling took so long is coming. It might have prevented many unnecessary deaths that this administration has allowed to take place.
June 23rd, 2008 at 12:17 pm19. Unbelieveable - I’m thinking you’ve already commented on this. But just to bring it into the open, there was a study done on a set of Gitmo victims who had been released.
The effects you’re talking about aren’t just some mental exercise but are demonstrated.
June 23rd, 2008 at 12:18 pm19-
June 23rd, 2008 at 12:18 pmRogerase in not capable of “thinking”. He has his ‘dear leader’ to do it for him.
19
oops, I miss typed, I meant
June 23rd, 2008 at 12:20 pmHe is not capable of “thinking”. He has his ‘dear leader’ to do it for him!
MapleStreet Says: 19. Unbelieveable - I’m thinking you’ve already commented on this. But just to bring it into the open, there was a study done on a set of Gitmo victims who had been released. The effects you’re talking about aren’t just some mental exercise but are demonstrated.
I’d love to see that study if you happen to have a link. It just seems like common sense to imagine what would happen if it were you or a loved one in the place of those people being held at Gitmo. So far, every article I’ve seen (mostly from British news sources) have shown gross negligence on behalf of the Bush Regime in holding people there who have committed no crimes.
I know, I shouldn’t expect so much from people like rogerse, but the teacher in me can’t seem to stop myself from at least trying.
June 23rd, 2008 at 12:26 pmAnd you misspelled mistyped.
June 23rd, 2008 at 12:26 pmrogerse is now making up his own definitions to fit his own needs.
I thought you were allergic to dictionaries?
Why exactly are you here?
June 23rd, 2008 at 12:28 pm…but…but…but…I thought that being omnipotent meant that Bushco could imprison ANYBODY for ANY REASON and call them an “enemy combatant”???
Wow — looks like we have some checks and balances after all. Wonder how far this trail will go before hitting a dead end.
June 23rd, 2008 at 12:29 pmsacopenapa Says: 19-Rogerase in not capable of “thinking”. He has his ‘dear leader’ to do it for him.
They don’t think either :D
June 23rd, 2008 at 12:31 pmOh, I wouldn’t go that far, unbelievable. I think rogerse is just “in the zone” and is copying-and-pasting without really reading what he’s throwing up here. Again.
June 23rd, 2008 at 12:31 pmOh, and as for why rogerse is here, I have two words for you.
Bomb Pop.
At a buck apiece, rog has to fling ten cut-and-pastes just to cover the cost of a single one of those patriotic treats. And with the hot days of summer upon us, rog is going through three or four a day.
June 23rd, 2008 at 12:34 pmLet’s arrest rogerse over the folloing definition, put him in Gitmo where he can be water boarded, and have zero legal rights then see how loudly he cries about it, wanting revenge against us:
“An enemy combatant has been defined as “an individual who was part of or supporting The Bush Administration, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who committed a belligerent act or has directly supported hostilities in aid of enemy armed forces.”
June 23rd, 2008 at 12:34 pmralph the wonder llama Says: And with the hot days of summer upon us, rog is going through three or four a day.
He’s probably sad that McCain isn’t giving out cash or prizes to his trolls, but virtual points that are good for, well, nothing… LOL
June 23rd, 2008 at 12:37 pmIs this falsely labeled and unjustly detained person still being detained? It’s not a setback if nothing changes. There’s been court rulings before, but instead of, “This is wrong, so we should stop doing it,” it’s “Let’s change the law.” One guy drops the ball so he chages the rules of the game. This is morally reprehensibile.
June 23rd, 2008 at 12:37 pmBlocked by the courts???!!!
June 23rd, 2008 at 12:42 pmThen I guess it’s democrats to the rescue. House democrats will now pass a bill to allow unlimited detention of anyone. After all “Given the grave threats that we face” if the Commander in Chief President says it’s legal then it’s legal.
rogerse Says: you don’t need to be engaged in physical hostilities to be an “enemy combatant”…thats why you need court determination in the first place.
When exactly are they going to get that court determination rogerse? Hmmm?
You don’t recognize them as human beings with rights, we know. It’s why we don’t like you.
June 23rd, 2008 at 12:43 pmMan I can’t believe what I am reading in these comments. As a father of four kids I am really worried for them since we are now giving battlefield detainees United States Constitutional Rights as if they are citizens picked up off our streets using all of our tax dollars for one more ignorant thing. We already pay to keep alive, feed, bath, and provide medical coverage to prisoners that should be thrown in a volcano to get rid of them all together. All this will do is endanger our troops that have to now detain these fighters and stop to make sure they have a witness statement and his location so some defense lawyer can come and get him for the trial with tax payer money. I hope in the near future this will be over turned by the courts when some military family brings it back to the idiots that voted for it, because it them to lose their child who was questionong a local that was harboring Taliban or Al Queda fighters. Everytime either congress or the judicial system turn things awry by sticking their noses were they don’t belong. I hope God will help America even though we are turning into a sinful snake pit rotting from the inside out. The funny thing is that I am not a real religious person, but at this time I may need to be.
June 23rd, 2008 at 12:47 pmIsn’t “court determination” exactly what BushCo has been fighting all along?
June 23rd, 2008 at 12:48 pmAnd a new fear-based lifeform emerges from the primordial soup…
Fascinating.
June 23rd, 2008 at 12:49 pmmorris771 Says: I hope God will help America even though we are turning into a sinful snake pit rotting from the inside out. The funny thing is that I am not a real religious person, but at this time I may need to be.
Religion is what got us into a place where arrogant and self-consummed people like you think only you and your kind deserve to have rights. Islam and Christianity are both equally dangerous and divisive religions that have created this problem in the first place. Shame on you.
June 23rd, 2008 at 12:53 pmmorris771 Says:
Man I can’t believe what I am reading in these comments. As a father of four kids I am really worried for them since we are now giving battlefield detainees United States Constitutional Rights
June 23rd, 2008 at 12:47 pm
_____
Welcome to a world governed by the Rule of Law rather than fear. Human beings are entitled to human rights, whether you like them or not.
Also - only about 15% of GTMO detainees were picked up on the battlefield, and only 8% are believed to have any connection with al-Qa’ida.
June 23rd, 2008 at 12:56 pmWhat possible harm could come from simply allowing the detainees to challenge their detention? Not set them free, not allow them access to brittneys panties, not allow them to watch - and vote on - American idol, not allow them to check out the ‘blue light’ specials at Kmart. Just simply allow them before a judge to explain what their crime is.
Why is the right side so scared to allow this simple mechanism. Is it possible that they already know the detainees, for the most part, are not terrorists (yet).
The right side wouldn’t abuse the human rights of a suspect, right? Is that what Jesus would do?
June 23rd, 2008 at 12:57 pmI think wingnuts are so wedded to their concept of boogeymen, that when you get two of those boogeymen together — Gitmo detainees and lawyers — they are fearful that the slick lawyers will get real terrorists released “on a technicality” and those terrorist will hop on a shuttle to DC, blow up the Washington Monument and thereby give a boost to the McSame campaign.
June 23rd, 2008 at 1:16 pmHey morris771, it’s time to go change your diaper you p*ss soaked coward.
June 23rd, 2008 at 1:24 pmmorris771 Says:
we are now giving battlefield detainees United States Constitutional Rights
The Constitution specifically refers to “citizens” and “all persons”. The rights of habeus corpus and a fair trial are for “all persons”. You might want to read up on the document. Without those principles, exactly what kind of country would we be?
June 23rd, 2008 at 1:35 pmI believe it’s time to give the detainees at Gitmo a trial.
The compromise of liberty in attempt to promote security, is not unprecedented:
http://www.answers.com/ topic/ espionage-act-of-1917?cat=biz-fin
Although there is some obligation for our leaders to provide for our security, the compromise to liberty needs to be justifiable as a significant security measure. As with the red scare, the case against denying the liberty of the detainees needs to be resolved. The Bush administration needs to either provide a much more significant justification for the indefinite detainment (which I believe unlikely) or provide the detainees the right to a fair trial.
June 23rd, 2008 at 1:39 pmLet’s see what the dems can do to help the bush agenda on this one.
June 23rd, 2008 at 4:10 pm“Everytime either congress or the judicial system turn things awry by sticking their noses were they don’t belong.”
This is my favorite part.
June 23rd, 2008 at 5:21 pmunbelievable at #27 says:
I’d love to see that study…
Not positive this is what you’re looking for. If not, it’s interesting reading nonetheless.
http://law.shu.edu/ center_policyresearch/ reports/ urban_legend_final_61608.pdf
June 23rd, 2008 at 7:22 pmUnbelieveable and Lokidog:
First, thanks for the link to SHU. Quite interesting reading - and makes the point also.
I was thinking of the McClatchey - has a link at
http://www.mcclatchydc.com/detainees/story/38773.html
He interviewed some 60-odd folks who had been detained and released. He found a lot of worthwhile info, but I was thinking of his assertion that after going through torture and Afghan bases and Gitmo, associating with some radicals in Gitmo, and then being released, etc. the expected happened.
From the day 3 report:
http://www.mcclatchydc.com/detainees/story/38779.html
the majority of whom had been subjected to “severe mental and physical torture,” according to the report — had “extreme feelings of resentment and hatred against USA.”
June 23rd, 2008 at 10:42 pm