March 13, 2005

UNENFORCABLE:

Judge Blocks the Transfer of 13 Detainees From Guantánamo: The government was prohibited from transferring the prisoners until a hearing could be held on their lawyers' fear that they might face torture in another country. (SCOTT SHANE, 3/13/05, NY Times)

A federal judge on Saturday prohibited the government from transferring 13 Yemeni prisoners from the military's detention facility at Guantánamo Bay, Cuba, until a hearing could be held on their lawyers' fear that they might face torture if sent to another country.

The ruling by Judge Rosemary M. Collyer of United States District Court was the first action on at least five emergency petitions filed since Friday by lawyers for Guantánamo detainees after they learned from news reports that the government is seeking to transfer hundreds of prisoners to their home countries.


The Administration needs to transfer them anyway, to demonstrate to the courts that they don't have jurisdiction over enemies caught on the battlefield, just as they never have before.

Posted by Orrin Judd at March 13, 2005 9:36 AM
Comments

I've been waiting for many years for some Executive, most likely a state Governor, to tell a court to go pound sand. I've expected it from the days when some judge would order legislatures to vote a certain way (NY) or raise taxes, let along order them to change the definition of marriage. Sadly, it hasn't happened yet.

Posted by: ray at March 13, 2005 9:48 AM

Just another argument for direct election of the Federal judiciary and an end to lifetime tenure.

Posted by: Bart at March 13, 2005 12:24 PM

Here in Ohio, Gov Taft, who has been a terrible governor, pretty much stonewalled the Ohio Supreme Court over school funding. Unfortunately, he is such a dufus that his accomplishment will not be long remembered.

Posted by: Robert Schwartz at March 13, 2005 3:13 PM

But then, the Federal Judicial Armed Forces will be sent. . . oh, yeah - never mind. Shades of Andrew Jackson!

Posted by: Oswald Booth Czolgosz at March 13, 2005 7:46 PM

It's Judge Collyer's ruling, let her enforce it.

Posted by: Mike Morley at March 13, 2005 11:07 PM
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