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| Today's Hero: Judge James Robertson |
Itsdb |
12/14/06 |
Federal District Judge James Robertson ruled today that the Guantanamo military tribunals are illegal as constituted.
That was November 2004. I wonder if they'll feel the same way about this Clinton appointee today?
Judge sides with Bush administration on terror law provisions
The Associated Press
Wednesday, December 13, 2006
WASHINGTON
A federal judge upheld the Bush administration's new terrorism law Wednesday, agreeing that Guantanamo Bay detainees have no right to challenge their imprisonment in U.S. courts.
The ruling by U.S. District Judge James Robertson is the first to address the new Military Commissions Act and gives a legal victory to the Bush administration at a time when it has been fending off criticism of the law from Democrats and libertarians.
Robertson rejected a legal challenge by Salim Ahmed Hamdan, a former driver for Osama bin Laden whose case prompted the Supreme Court to strike down the Bush administration's policy on detainees last year.
Following Hamdan's victory, Bush asked for and got a new law that established military commissions to try enemy combatants and stripped them of the right to seek their freedom in U.S. courts.
Hamdan's case was sent back before Robertson, a nominee of former President Bill Clinton who was a prominent civil rights advocate as an attorney in private practice.
Though Robertson originally sided with Hamdan, he said he no longer had jurisdiction to hear Hamdan's case because Congress clearly intended to keep such disputes out of federal courts. He said foreigners being held in overseas military prisons do not have the right to challenge their detention, a right people inside the country normally enjoy.
The ruling does not affect the fate of hundreds of detainees whose cases are awaiting a ruling by a Washington appeals court, which is reviewing two precedent-setting detainee cases challenging the new law.
The Justice Department did not immediately have a comment on Robertson's ruling. Messages seeking comment were left with Hamdan's lawyer, Neal Katyal. |
Clarification/Follow-up by Itsdb on 12/14/06 12:07 pm:
Forgot to furnish the link to the al-AP story.
Clarification/Follow-up by ETWolverine on 12/14/06 4:12 pm:
You are right, Steve. My misunderstanding. Sorry about that. Clarification/Follow-up by Itsdb on 12/14/06 4:41 pm:
Not a problem :)
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