Judge rejects Obama view on detaining Al Qaeda supporters

[kpete]

Source: Politico

Judge rejects Obama view on detaining Al Qaeda supporters

A federal judge has rejected aspects of the Obama administration's definition of who can legally be held as a prisoner in the war on terror.

In a 22-page decision issued Tuesday evening, https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2008cv1236-116 U.S. District Court Judge John Bates ruled that members in Al Qaeda or the Taliban could be detained, but that mere support for Al Qaeda activities is not a sufficient basis for the government to hold prisoners at Guantanamo Bay or elsewhere.

Bates said he pressed the Justice Department to explain why rendering assistance to Al Qaeda was enough to lock someone up without criminal charges.

"After repeated attempts by the Court to elicit a more definitive justification for the 'substantial support' concept in the law of war, it became clear that the government has none," wrote Bates, who was appointed to the bench by President George W. Bush. "Regardless of the reasonableness of this approach from a policy perspective, a detention authority that sweeps so broadly is simply beyond what the law of war will support. The government's approach in this respect evidences an importation of principles from the criminal law context," Bates said.

"We're reviewing the court's opinion," a Justice Department spokesman, Dean Boyd, said.

Read more: http://www.politico.com/blogs/joshgerstein/0509/Judge_rejects_Obama_view_on_detaining_Al_Qaeda_supporters.html?showall

[sinkingfeeling]

1. While I agree with Judge Bates, I was under the impression that the President could decide this via

the Patriotic Act.

[tomm2thumbs]

2. very interesting stuff - thanks for posting!

[sabra]

3. (Federal) Court says U.S. can hold Gitmo prisoners indefinitely

Source: USA Today/AP



A federal judge has ruled that the United States can continue holding some prisoners at Guantanamo Bay indefinitely without any charges, the Associated Press reports.

The district judge's opinion limits the Obama administration’s definition of who can be held. But he said Congress in the days after Sept. 11, 2001 gave the president the authority to hold anyone involved in planning, aiding or carrying out the terrorist attacks.

President Obama has promised to close the prison by January, but Senate Democrats say they will block the move until he comes up with a plan for the detainees.

The opinion came in the case of several Guantanamo prisoners who are challenging their detention. ACLU attorney Jonathan Hafetz said the opinion “flouts the Constitution’s prohibition against indefinite detention without charge.”


Read more: http://blogs.usatoday.com/ondeadline/2009/05/court-says-us-can-hold-gitmo-prisoners-indefinitely.html

[no_hypocrisy]

4. Legal precedent: Koramatsu

This case "legitimized" Japanese internment camps during WWII. It obviously hasn't been overturned by this court or distinguished from the present case.

[ixion]

5. another glorious victory for the fascists

we should be so proud. :sarcasm:

Change? Yeah, right. :eyes:

[elleng]

6. Thats a helluva story!

SOME court SOMEwhere made some dopey decision.

Doesn't mean much, folks, imo.

[LynnTheDem]

7. The very same accusation George W. bUsh made against Saddam Hussein.

Locking people up indefinitely without charges.

Isn't that funny.

We have become the monster.

[Solly Mack]

8. K&R

[Swede Atlanta]

9. We are a nation of Fascists and Dictators

This behavior is what dictators and fascists have done....detain anyone for any reason without charge and without due process. As I was growing up I learned we were a nation that stood for something - justice, compassion, equality, etc. I guess those Civics teachers were all wrong.

Obama must change his tune on matters such as warrantless wiretapping, military commissions, no prosecutions for torture. He also needs to live up to his campaign promises to lift DADT. I am starting to put away money each month that I will use to fund issues and candidates in 2010 and 2012. I will support a Democratic challenger if O doesn't come round soon. Faced with Obama versus a Republican in 2012 I would have to think seriously about who I would support, if anyone at all.

I am tired of politicians making commitments to the voters only to be elected and then do exactly the opposite. Obams can talk a good talk but can he walk a good walk? Only time will tell but my patience is wearing thin.

[endarkenment]

10. fuck the constitution

[Vidar]

11. We are not living in anything resembling a democracy.

[truedelphi]

12. We live in a modified version of a Banana Republic.

With Obama as the negotiated solution. When the populace in a Banana Republic became too close to revolt, the Powers that Were would throw that populace a specially chosen person who would seem warmer and friendlier, but would still put the screws to the middle and lower classes, although the screws were driven in more slowly.

[Vidar]

14. Sounds about right.

[truedelphi]

15. Having voted for Obama, and trying to believe he was this

"Change and Hope guy" I am so very sad.

[Wednesdays]

13. K&R

:kick: