WASHINGTON, Jan. 31 /U.S. Newswire/ -- The following was released today by the above mentioned, who are counsel for the Guantanamo detainees, on a recent ruling by Judge Joyce Hens Green, on the Government's motion to dismiss habeas cases:
"Judge Green's decision today is a smashing defeat for the Bush Administration and a triumphant victory for American values and justice. Judge Green has held that the Supreme Court's decision in Rasul really means what it says, and that the detainees have rights under the Fifth Amendment of the United States Constitution.
"Judge Green held that there is an extensive range of defects in the Combatant Status Review Tribunals, including detainees' lack of access to evidence used against them, and the potential for reliance on statements obtained by torture. Critically, Judge Green found the Government's definition of "enemy combatant" to be vague and overbroad.
"In light of the Supreme Court's decision in Rasul, these fundamental deprivations of liberty violate the Constitution.
"Judge Green's decision today stands in direct contrast to the decision issued by Judge Richard Leon-before whom were pending the cases of seven detainees-on January 19, 2005. Judge Leon dismissed the detainees' claims, finding there was no "viable legal theory" by which the court could enter a writ of habeas corpus. Since two judges of the same court have reached opposite conclusions on these issues of national importance, both of the decisions are likely to be appealed.
"Now it's time for this Administration to act. We're calling on the White House to cease its tactics to avoid the Supreme Court's mandate. Today's decision is a momentous victory for the rule of law, for human rights, and for our democracy."
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