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Thursday, November 20, 2008 12:00 AM

Five detainees ordered released "forthwith" after seven years at Guantanamo

If the U.S. Congress had its way, these men would continue to be imprisoned despite there being no evidence of their guilt.

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Thursday, November 20, 2008 11:19 AM

The ship is finally sinking..

I see more and more willingness on the part of officials and media across the spectrum to treat these criminals (by which I mean the Administration, not the poor bastards at Gitmo) as such. I can only hope the complicity of the Democratic leadership doesn't forestall the possibility of actually prosecuting the Bush team en masse. It's probably beyond hope that 43 himself would spend time in jail.. isn't it?

Thursday, November 20, 2008 11:21 AM

But Sadly . . .

Will we free them forthwith? No. They will ask for a stay and appeal, and the injustice will continue.

Will we stop and reflect on what we've done to these people as the judge invited? No.

Will they ever get those 7 years back? No.

Will they get exoneration from this outcome? No.

Public apology? No.

Compensation for the suffering? No.

Will we at least prosecute those responsible for this travesty? No.

Rebuke them? No.

Hold hearings? No.

Can they be sued? Not likely.

Will there be any public acknowledgment of at least a mistake, "oops", "we're sorry", by any official of any kind, anywhere? No.

This government and the people who have been running it are the Holocaust deniers of our generation. I am deeply saddened by what we have become.

Thursday, November 20, 2008 11:28 AM

Small correction

"In addition to every Republican Senator, those voting to authorize that repellent power... "

Every Republican, but one. Chafee voted nay.

I miss that guy.

Thursday, November 20, 2008 11:29 AM

Would Bush still get Secret Service protection

.. if he were declared an enemy combatant and detained without charges at Gitmo?

Just askin'

Thursday, November 20, 2008 11:30 AM

Point #3 is by far the most important

The administration had, quite possibly, the MOST favorable judge to hear these arguments and, most probably, any evidence with the slightest credibility would have justified an adverse ruling for these 5.

We were predicting and hoping that this would happen and it's a shame that it happened so late in W's tenure: the judiciary -- even the right-wing ideologues -- are rebelling from the lawless decisions of the executive (with a huge assist from the legislative).

Congratulation, Judge Leon, I know we probably disagree on 95% of the issues but today you stood up for the rule of law and human decency.

Thursday, November 20, 2008 11:31 AM

alphahelix

Every Republican, but one. Chafee voted nay.

Thanks - fixing.

Thursday, November 20, 2008 11:33 AM

Well Said

Well said GG. Something to be thankful for, this Thanksgiving.

Thursday, November 20, 2008 11:35 AM

Any chance for damages for these guys?

Does anyone know if the 5 released prisoners can sue the government, or otherwise get any compensation for their treatment? God knows they deserve it

Thursday, November 20, 2008 11:36 AM

Great news... But what is the legal meaning of "forthwith"?

Buth once they were shipped to Guantanamo,

Glenn, did you see my email yesterday. (Forwarded from MSNBC?)

Thursday, November 20, 2008 11:38 AM

I'm tired of this trope

If Judge Leon -- of all judges -- ruled that there was no credible evidence to suggest that these detainees are "enemy combatants," that is as compelling a sign as one can imagine that there is none.

I know why you wrote this, but I am really tired of the implicit inference that if the judge had been appointed by a Clinton or a Carter the ruling can only mean that the ruling was politically motivated.

That could be on the top ten list of the worst things the right wing has done to us. Every sensible statement must have a "no political bias" prophylactic which ends up doing nothing to forestall the right wing whining about bias against them.

Thursday, November 20, 2008 11:40 AM

2nd little typo

The release order today resulted from the habeas corpus right which the Military Commissions Act purpoted

Thursday, November 20, 2008 11:41 AM

bamage

Forthwith = immediately, without delay, NOW.

It's a very good word to have in a court order (if you're the one who sought the order, especially if you're living in a cage).

I did get your email yesterday - interesting - was going to answer - just a couple days behind in email right now.

Thursday, November 20, 2008 11:42 AM

Until they are actually out...

I wrote a longer comment over at FDL where bmaz covers this decision too. The gist of what I said over there:

One of the Bosnian-Algerians who has been ordered released is Saber Lahmar. I read up on him last June,

http://humanityagainstcrimes.blogspot.com/2008/06/its-been-big-week.html

http://www.boston.com/news/globe/editorial_opinion/oped/articles/2007/01/11/trapped_at_guantanamo/

http://www.hrw.org/en/node/62183/section/5

He's basically dying of extreme isolation and deprivation. So even if they are getting out tomorrow, Judge Leon should order right now, effective immediately, that the lights be turned off in his cell at night, that he be allowed to see other inmates, and that he get phone privileges to call his wife and children.

If there is the inevitable appeal for a stay by the Bush people, he may not be going anywhere until at least January. It's inhumane to keep him in isolation and deprivation (lights on 24 hours is a form of sensory/sleep deprivation) any longer.

Lawyers can be like doctors, I've noticed, concerned with the overall picture and sometimes not attentive to immediate pain. Don't let that happen here even though the end of the suffering is hopefully near.

Thursday, November 20, 2008 11:43 AM

Isn't the issue more complex

The Bush Administration is certainly to be greatly faulted for its failure to develop a process for separating genuine threats from innocent victims at Gitmo and elsewhere. But are we sure the Court was able to view everything it needed to know these five do not pose a threat? The Wall Street Journal reported that some prisoners released from Gitmo have subsequently been found attempting terrorist acts or fighting against in Iraq. While the WSJ is too extreme in wanting to keep everyone imprisoned, is Greenwald being too easy in wanting more released?

Thursday, November 20, 2008 11:47 AM

Momentum

It's a good thing when it's headed in the proper direction like this. There's hope for us yet if our enduring values are allowed to come back into control.

Habeas corpus--not dead, yet.

Thursday, November 20, 2008 11:47 AM

I love Mr. Greenwald's final sentence:

"That is a stain -- one of many -- that will never be fully expunged."

"The Stain" would be an apt descriptor for the Bush administration.

Thursday, November 20, 2008 11:48 AM

Waiting for the RW Screetchwads

Wonder how the RW screetchwads will present this ruling to their thirsty-for-truth nation?

How will they spin this bush43 appointee as a terrorist-enabler? Will they even mention that Judge Leon was a bush43 appointee?

Thursday, November 20, 2008 11:53 AM

@Thor likes pizza

How will they spin this bush43 appointee as a terrorist-enabler? Will they even mention that Judge Leon was a bush43 appointee?

Maybe they could remand him to a psychiatrist, like they did with Vandeveld? To quote Iron Jawed Angels, "In oranges and women, courage is often mistaken for insanity." Probably true for activist judges with funny eyebrows, too.

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