ACLU Opposes Justice Department Efforts To Throw Out Case Challenging Illegal Detention Of Guantánamo Prisoner Mohammed Jawad (2/18/2009)
Government Improperly Seeks Dismissal Or Delay Based On Halted Military Commissions Proceedings
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WASHINGTON – The American Civil Liberties Union filed a motion today opposing the Justice Department's move to dismiss or delay a challenge to the unlawful detention of Mohammed Jawad, a Guantánamo prisoner who has been held in U.S. custody since he was a teenager. Despite President Obama's executive order halting military commission proceedings, the government is moving forward with a last-minute effort by the Bush administration to deny Jawad his right to challenge his detention in federal court until after the commissions case against him is complete.
"Mr. Jawad's case is the epitome of everything that's wrong with the military commissions because his detention and prosecution were based on a confession that was tortured out of him. For the government to try to use the unconstitutional commissions as an excuse for delaying federal court habeas review of Mr. Jawad's case makes no sense," said Hina Shamsi, staff attorney with the ACLU National Security Project. "President Obama followed through on his campaign promise to halt the military commissions and Attorney General Holder has said the commissions do not provide due process protections, but the Justice Department still seems to be playing catch-up. The new administration should do the right thing and reject Bush administration policies that sought to evade independent judicial oversight of Mr. Jawad's unlawful detention."
http://www.aclu.org/safefree/detention/38760prs20090218.htmlGlenn Greenwald is talking about this NYT article (link below) tonight:
http://www.salon.com/opinion/greenwald/ Obama’s War on Terror May Resemble Bush’s in Some Areas NYT
By CHARLIE SAVAGE
Published: February 17, 2009
http://www.nytimes.com/2009/02/18/us/politics/18policy.html?hp