A federal judge ordered today that five Algerian nationals detained at Guantanamo Bay should be released. The court found that the government had “provided insufficient evidence to continue their detentions.” The Washington Post reports:

The decision came in the case of six Algerians who were detained in Bosnia after the Sept. 11, 2001, terror attacks and have been held at the military prison in Cuba for nearly seven years. U.S. District Judge Richard J. Leon, a Bush appointee, ruled that five of the men must be released “forthwith” and ordered the government to engage in diplomatic efforts to find them new homes. [...]

In the case of the sixth Algerian, Belkacem Bensayah, Leon found that the government had met its evidentiary burden and could continue to hold him. … The landmark ruling is the first by a federal judge who has weighed the government’s evidence in lawsuits brought by scores of detainees who are challenging their detentions.

The New York Times notes that in 2002, “President Bush made the government’s allegations against the men a showcase of his administration’s approach to dealing with terrorists. He said in his State of the Union address that the six men had been planning a bomb attack on the United States Embassy in Sarajevo, Bosnia.” Glenn Greenwald writes that the ruling demonstrates the “grotesque injustices we have wrought with Guantanamo and our denial of basic due process to detainees.”

The Associated Press reports today that, as part of its long-fought campaign to gut the Endangered Species Act (ESA), the Bush administration is pushing a last-minute regulatory change that would significantly weaken the ESA:

The rules would eliminate the input of federal wildlife scientists in some endangered species cases, [by allowing] the federal agency in charge of building, authorizing or funding a project to determine for itself whether a project would be likely to harm endangered wildlife and plants.

At today’s White House press conference, a reporter asked if the Associated Press had accurately described the proposed regulatory change. Perino responded first by saying she didn’t have the documentation with her, but suggested that the rule change would have little effect because the ESA doesn’t help protect “any species, including ours” anyway:

PERINO: I don’t have [the documentation] with me. I know conceptually what we support. And I know that the Endangered Species Act is a tangled web that doesn’t actually help support any species, including our own. …

Q: (Laughter) So you’re proposing eliminating it?

PERINO: No.

Watch it:

Perino’s wholesale dismissal of the ESA could not be more inaccurate. Indeed, the law is responsible for saving, among other species, the Grey Wolf, the Grizzly Bear, and perhaps most notably our national bird, the American Bald Eagle. While Perino dismissed the rule change as insignificant, a spokesperson for the National Wildlife Federation explained, “These changes take unbiased, professional wildlife biologists out of the equation and put decisions in the hands of political appointees.”

More disturbing, however, is how widespread the last-minute assault on the federal government’s environmental regulatory structure has become. The White House’s other last minute initiatives include:

– Eliminating environmental reviews of fishing regulations. A rule change proposed by National Marine Fisheries Service would repeal a requirement that “environmental impact statements be prepared for certain fisheries-management decisions.” Instead, the government would “give review authority to regional councils dominated by commercial and recreational fishing interests.”

– Allowing more emissions from power plants. Over the objections of half of its 10 regional administrators, the Environmental Protection Agency is “finalizing new air-quality rules that would make it easier to build coal-fired power plants, oil refineries and other major polluters near national parks and wilderness areas” by weakening the Clean Air Act.

– Opening protected wilderness areas to energy development. Despite being blocked by “federal court and administrative rulings,” the Bureau of Land Management is “reviving plans to sell oil and gas leases in pristine wilderness areas in eastern Utah that have long been protected from development.”

As Rep. Nick Rahall (D-WV), chairman of the House Natural Resources Committee, told the Wall Street Journal, “This administration will stop at nothing to jam through as many reckless proposals as they can before the clock runs out.”

In a press conference this afternoon, Democratic congressional leaders announced that they were not able to reach a deal on a rescue package for the struggling auto industry, reportedly rejecting “compromise legislation worked out by key senators from auto states.” Senate Majority Leader Harry Reid (D-NV) said that they would give the automobile industry a second chance: They must present a plan for viability no later than Dec. 2 and possibly submit to another round of hearings. Congress may then come back and vote during the week of Dec. 8. “Until they show us the plan, we cannot show them the money,” said House Speaker Nancy Pelosi (D-CA). Watch a portion of today’s press conference:

The Wonk Room’s Pat Garofalo explains the necessary components for any auto rescue package, including strong oversight and requirements for innovation.

In his Wall Street Journal column today, Daniel Henninger argues that the “unprecedented economic ruin” that many Americans are facing is a casualty of the War on Christmas because “a nation whose people can’t say ‘Merry Christmas’ is a nation capable of ruining its own economy”:

Notwithstanding the cardboard Santas who seem to have arrived in stores this year near Halloween, the holiday season starts in seven days with Thanksgiving. And so it will come to pass once again that many people will spend four weeks biting on tongues lest they say “Merry Christmas” and perchance, give offense. Christmas, the holiday that dare not speak its name.

This year we celebrate the desacralized “holidays” amid what is for many unprecedented economic ruin — fortunes halved, jobs lost, homes foreclosed. People wonder, What happened? One man’s theory: A nation whose people can’t say “Merry Christmas” is a nation capable of ruining its own economy.

After cataloging a series of complex economic factors that do relate to the financial crisis, Henninger concludes that what really went wrong is that “the steady secularizing and insistent effort at dereligioning America” led to “subprime personal behavior by borrowers and bankers.”