Judge Orders Release of Five Gitmo Detainees

Thursday, November 20th, 2008

From the Washington Post:

For the first time, a federal judge today ordered the release of enemy combatants from the U.S. military prison in Guantanamo Bay, Cuba, ruling that the government had provided insufficient evidence to continue their detentions.

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 an unusual move, Leon also urged the government not to appeal his ruling, saying “seven years of waiting for our legal system to give them an answer” was long enough.

History won’t be kind to Bush’s handling of Gitmo.

Even if the government doesn’t appeal, the problem will be finding a place to put all of the people wrongfully detained. Other countries don’t want them. And we can’t easily release them into the U.S., because even if they weren’t our enemies before they were detained and likely tortured, they sure as hell probably consider us an enemy now. And who could blame them?

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23 Responses to “Judge Orders Release of Five Gitmo Detainees”

  1. #1 |  Right-Wing talking point | 

    Remember, only the worst of the worst end up at Gitmo.

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  2. #2 |  MacGregory | 

    That was my first question when I heard of the closure. Where will they go? Do people just not think things through anymore? Wrongfully detained or not the U.S. is not an option. Once their identity is discovered, well, use your imagination on their fate.

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  3. #3 |  Bot | 

    How about we put them in Manhattan, then build a big wall around the island?

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  4. #4 |  Edmund Dantes | 

    UPDATE: Here is a gut-wrenching account of what these detainees have endured (h/t Ondelette). The Bosnian Prosecutor who investigated their initial detention back in 2001 (which was effectuated at the behest of the U.S.) concluded they ought to be released, but the Bosnian Government succumbed to the pressure of the Bush administration and turned them over to the U.S. as they were being released (”hooded, shackled, and packed into waiting cars while their horrified families watched”), after which they were shipped to Guantanamo.

    One of the detainees ordered released today had a wife who was pregnant at the time he was shipped to Guantanamo, who then gave birth to a daughter, now 6, whom he has never met. Another of the Bosnian-Algerians had an infant daughter at the time he was put in Guantanamo who died last year of congenital heart disease at the age of 6. Another of them “suffered months of facial paralysis from a brutal beating inflicted by Guantanamo camp soldiers.” And then there’s this, about one of the other detainees, Saber Lahmer:

    When we last saw Saber in November, he was in his sixth month of solitary confinement. Since August, he has seen us, his legal team, twice and a psychiatrist on three brief occasions. For a few minutes each day, he sees the camp guards who bring his meals. He has had no other human contact. The glaring lights in his cell are on 24 hours a day, seven days a week. When we left the cell, we could hear Saber shouting — brief, truncated cries. We could not understand what he was saying.

    http://www.salon.com/opinion/greenwald/2008/11/20/guantanamo/index.html

    I wonder if, and when, people will ever fully accept what was done in our names. Or if people will ever realize that if we applied the same standards to the USA that we applied to Japanese or Germanan officers, politicians, etc after WWII how much trouble we’d be in.

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  5. #5 |  tim | 

    @Bot

    Then we should optimize the airspace above Manhattan by changing the flight patterns to go directly over it!

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  6. #6 |  Zeb | 

    Maybe Bush should have to put them up at his ranch. There will always be plenty of security there and they can help him cut brush when he is done being president.

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  7. #7 |  Mark Z. | 

    And we can’t easily release them into the U.S., because even if they weren’t our enemies before they were detained and likely tortured, they sure as hell probably consider us an enemy now.

    That’s exactly why we should release them into the U.S. It’s the height of cowardice to lock someone in a cage for no reason for several years, occasionally torture him, and then demand that he be released on the other side of the planet where he can’t give us any trouble. They should be released in the U.S. if they want, with citizenship and a fat pile of cash and a lifetime exemption from taxes.

    When the state fucks up and wrecks some guy’s life, the least it can do is buy him a new one.

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  8. #8 |  steve | 

    if the countries from which they came won’t allow them to come home, they should be released into cuba w/ severence. if castro can do it……

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  9. #9 |  HTownTejas | 

    And we can’t easily release them into the U.S., because even if they weren’t our enemies before they were detained and likely tortured, they sure as hell probably consider us an enemy now.

    I think it’s fair to say we are their enemy, now. I hate the erosion of liberty and unjustified attacks on citizens and foreigners that George W.’s administration has escalated. But if I was taken from my wife and kid to be occasionally tortured for 7 years, I’d come out fighting, immediately.

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  10. #10 |  Judge Orders 5 Gitmo Detainees Released : Stop The ACLU | 

    [...] is the problem in a nutshell from a blog that probably disagrees with me on the overall topic: Even if the government doesn’t appeal, the [...]

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  11. #11 |  Vlad Drac | 

    When the state fucks up and wrecks some guy’s life, the least it can do is buy him a new one.

    “The state” won’t be buying him a new one. You will.

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  12. #12 |  Continuum | 

    Just one more example of how the boy president and his sidekick Cheney have screwed the country and left one giant piece of crap for his successor.

    In my opinion January 23rd can’t come quick enough.

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  13. #13 |  Les | 

    I think it’s fair to say we are their enemy, now.

    It’s not really fair to say what a person thinks or feels without any input from them. It’s just as likely that they want to get home to their family and put all this behind them. We just don’t know.

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  14. #14 |  Mattocracy | 

    There is no good solution to this. Which is why governments shouldn’t do this in the first place. The options are…

    1. Release them with the risk that they will seek vengence.
    2. Leave them there forever while everyone in the world holds it against us.
    3. Kill them, which everyone in the world will hold against us.

    These options all pretty much suck. If we (the gov’t) actually took these things into consideration, this wouldn’t be a problem. At the very least these people are owed their freedom. What they do after that…

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  15. #15 |  Chuchundra | 

    I think if we release them and give them a full apology, a green card and reasonable compensation, the odds of them actually seeking vengeance on us are pretty small. No matter how angry they might be, a nice, comfortable life in the US is a lot to risk in the name of revenge.

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  16. #16 |  TomCAT | 

    You bunch of bleeding heart liberals don’t realize that they were captured in battle trying to kill your friends and our soldiers. Just because the Judge is too stupid and educated to figure out that enemy combatants aren’t Citizens of the US. I know it’s impossible for Mark W and the judge to use COMMON SENSE, Cause they don’t have any. Move the terrorist into Mark and the Judges neighborhood since they’re so convinced of his innocence. matter of fact empty GITMO now in their neighborhood and ignore their calls to 911. They asked for it. Give it to them. After the terrorist do them in, Move them to Obama’s neighborhood and cancel his secret service protection. I’m sure everyone @ GITMO are angels.

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  17. #17 |  tesla | 

    TomCAT you’re missing the point, these guys here are “principled”. Apparently to be principled you have to care a lot about the rights of Mujihadeen captured in battle. Our government has been trying to release some of the prisoners but no countries want them back. You have to ask yourselves why. If nothing else these Guantanamo detainees were kept out of battle for a while. I won’t shed any tears about their fate.

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  18. #18 |  Les | 

    Wow, TomCAT and tesla are doing excellent impersonations of big government statists and freedom hating bigots! At least, that’s what I’m assuming, because I try to give strangers the benefit of the doubt.

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  19. #19 |  sarbes@twcny.rr.com | 

    Are you bleeders all nuts??? Look back - viet nam immigrants are
    here now– were they a part of killing us GIs?? Does America reward
    enemies of the USA with living in our country????

    The USA hasn’t have the DRAFT since the 1960’s — how many of
    you 20’s, 30’s and 40’s year olds would change your minds if you
    received the “greetings” notice we got in the 60’s? Would you
    head to Canada or maybe France now?

    YOU KIDS HAVEN’T EARNED THE RIGHT TO CRITICIZE - PUT ON A
    PAIR OF COMBAT BOOTS AND SERVE YOUR COUNTRY - ARMY,
    USMC, NAVY, OR AIR FORCE —–YOU HAVE NOT EARNED THE
    RIGHT TO COMPLAIN WHEN YOU HAVEN’T PAID YOUR DUES!!!

    Yes, when you’re American by birth or naturalization comes responsibilities - and us 50 and 60 year olds are past our prime for fighting, but if called, I’d bet more of us would respond than
    you young pants-down below your ass-loafers would.

    Send me back to Paris Island, San Antonio, Great Lakes, or Fort
    Benning —– yeah, we’ll get through basic same as we did 40 years
    ago. Maybe a bit slower and more grey than brown or black - but
    we can sure pull the trigger like we did so long ago.

    This country was built on its MEN (AND WOMEN) protecting our
    freedom — NOT hiding and waiting for someone else to do YOUR job!

    DO YOUR PART FOR AMERICA!

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  20. #20 |  Johnstank | 

    #19 - WOW! Now that’s some good stuff.

    I am a recently honorably discharged volunteer soldier with two deployments during the GWOT, so I guess you’re doubly cool with me criticizing you, right?

    OK, let’s get right to it: I don’t agree with you! Now, I know that I’m either “with you, or against you,” but I have what I consider logical reasons for my views.

    First, some of these detainees probably are bad guys. However, NONE OF US knows, since the evidence against them is secret and they were never tried in court or tribunal! I’m all for the harshest penalties, but only AFTER these people are tried and *convicted* in a FAIR manner. Just because W. says “they’re bad evil-doers” isn’t good enough for me. He and his administration have been wrong on more things than I can count! Also, consider the military officers (at least 7 that I know of) who have resigned due to ethical concerns, rather than participate in a rigged “trial.” Now THAT’s honor!

    It’s also foolish for you to think that people who haven’t served in the military have no right to criticize the government’s actions. Last time I checked, they live under the same government as we former soldiers, so, while I may not like what some of them have to say, they have every right to say it.

    I guess you are correct about one thing, “when you’re American by birth or naturalization [that] comes [with] responsibilities…” One of those is to speak up and criticize our government when it oversteps its bounds and tramples The Constitution! I hope you’re not foolish enough to think that WE could never be labeled “terrorists” when our political beliefs don’t jibe with whoever is in charge…

    I don’t know about you, but when I swore the oath, it was to defend The Constitution and the freedom of EVERY American - not just those with prior service or whom I happen to agree with! It can be a thankless job, but hey, we volunteered for it!

    In closing, I agree that we should do our part for America. That isn’t limited to taking up arms and blindly fighting or “pulling triggers,” as you so eloquently put it. By discussing the Bush Administration’s assaults on liberty (and there have been many, and not just against accused terrorists - ever hear of the PATRIOT Act?), we ARE doing our part for America - remaining vigilant over the Freedom that God and our military has provided us!

    Let’s have it with the “traitor/terrorist” comments!

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  21. #21 |  perlhaqr | 

    The USA hasn’t have the DRAFT since the 1960’s — how many of
    you 20’s, 30’s and 40’s year olds would change your minds if you
    received the “greetings” notice we got in the 60’s? Would you
    head to Canada or maybe France now?

    YOU KIDS HAVEN’T EARNED THE RIGHT TO CRITICIZE - PUT ON A
    PAIR OF COMBAT BOOTS AND SERVE YOUR COUNTRY - ARMY,
    USMC, NAVY, OR AIR FORCE —–YOU HAVE NOT EARNED THE
    RIGHT TO COMPLAIN WHEN YOU HAVEN’T PAID YOUR DUES!!!

    Yes, when you’re American by birth or naturalization comes responsibilities - and us 50 and 60 year olds are past our prime for fighting, but if called, I’d bet more of us would respond than
    you young pants-down below your ass-loafers would.

    Send me back to Paris Island, San Antonio, Great Lakes, or Fort
    Benning —– yeah, we’ll get through basic same as we did 40 years
    ago. Maybe a bit slower and more grey than brown or black - but
    we can sure pull the trigger like we did so long ago.

    Wow. I had no idea Stockholm Syndrome happened to draftees, too.

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  22. #22 |  Les | 

    I think sarbes wants us to get off his lawn.

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  23. #23 |  Johnstank | 

    Most definitely!

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