Obama Signs Potentially Unconstitutional Bill Prohibiting Release of Gitmo Prisoners in U.S.

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Thursday, June 25, 2009 at 2:52 pm

As expected, yesterday President Obama signed a supplemental appropriations bill that prohibits the release of Guantanamo detainees into the United States, and restricts the president’s ability to release them to other countries without Congressional approval.

The little-noticed provision raises constitutional questions about who has the power to control the release of detainees — the president, Congress or the courts?

Lawyers representing Guantanamo detainees are already calling the law an unconstitutional suspension of the writ of habeas corpus, as SCOTUSblog notes today. Sabin Willett, the lead lawyer representing the 13 Uighurs who have appealed to the Supreme Court to review their case, today wrote to the court urging it to review the decision of the U.S. Circuit Court of Appeals in Washington, D.C., in Kiyemba v. Obama, which prohibits the federal courts from ordering any detainees released into the United States. As a result, while according to American Civil Liberties Union lawyer Jonathon Hafetz, Guantanamo detainees have so far won about 26 of 31 habeas corpus cases decided by federal courts so far, most remain imprisoned at Guantanamo Bay. Lawyers, including Willett, have argued that the result is effectively to deny them the right to habeas corpus that the Supreme Court ruled they have in Boumediene v. Bush.

In his letter today, Willett urged the Supreme Court to take up the case, saying that “a failure either to reverse or affirm the decision below will leave unsettled a question that goes to the heart of habeas jurisdiction. …”

The court is expected to decide today whether or not to grant certiorari and hear the appeal in the Kiyemba case.

Comments

12 Comments

mark
Comment posted June 25, 2009 @ 9:38 pm

Pres O is very diligent in following the orders of little Dick Cheney. Obama is turning out to be as big a sociopath as the Shrub/Cheney Adm. Am I the only one who will not vote for this neocon in disguise again?


DOUGLASFIELD
Comment posted June 26, 2009 @ 2:09 am

OUR U.S.SUPREME COURT ALWAYS HAS THE OPTION TO ORDER TROY DAVIS OF GEORGIA TO BE WATER ~ BOARDED TO PREVENT THE STATE OF GEORGIA FROM EXECUTING ANOTHER POSSIBLE INNOCENT POOR BLACK AMERICAN !!!

MILLIONS OF AMERICANS NEED HELP FROM THE INTERNATIONAL WORLD IN OFFERING THEIR SUPPORT FOR THIS FUTURE PROPOSED PRISONER EXCHANGE BETWEEN PRESIDENT ALAN GARCIA OF PERU AND PRESIDENT OBAMA OF THE UNITED STATES.

**THIS LETTER WRITTEN BELOW WAS POSTED ON THE WWW BY LAWYERS FOR POOR AMERICANS AND WE HOPE AND PRAY EVERYONE WHO CARES ABOUT EXECUTIONS BEING CONDUCTED WITHOUT PROPER FAIR TRIALS FIRST WILL OBSERVE THE 3YR INTERNATIONAL BOYCOTT AND STOP DOING ANY BUSINESS AND TOURISM WITH BOTH THESE AMERICAN STATES OF GEORGIA & PENNSYLVANIA !!! —————————————————————————————————- ~ DEAR PRESIDENT ALAN GARCIA OF PERU ~

LAWYERS FOR POOR AMERICANS ASKS ALL OF PERU TO PLEASE THINK SERIOUSLY ABOUT EXCHANGING AMERICAN JOURNALIST LORI BERENSON HELD IN A PRISON IN PERU SINCE 1995 FOR OUR TWO BLACK AMERICAN PRISONERS ON DEATH ROW IN GEORGIA AND PENNSYLVANIA ???

EVERYONE IN PERU MIGHT REMEMBER THAT LAST MONTH IRAN AND PRESIDENT MAHMOUD AHMADDINEJAD MADE SURE THAT U.S. JOURNALIST ROXANA SABERI WAS FAIRLY TRIED AND LATER RELEASED TO RETURN HOME TO AMERICA ?

LAWYERS FOR POOR AMERICANS AT THAT TIME HAD ALSO REQUESTED OF IRAN AND THEIR PRESIDENT MAHMOUD AHMADINEJAD TO SERIOUSLY CONSIDER THIS SAME PRISONER EXCHANGE OF THE AMERICAN U.S. JOURNALIST ROXANA SABERI FOR U.S.PRISON INMATES TROY DAVIS OF GEORGIA & MUMIA ABU ~ JAMAL OF PENNSYLVANIA.

MILLIONS OF AMERICANS AND OTHERS WORLDWIDE HAVE BEEN ATTEMPTING TO SECURE NEW AND FAIR TRIALS FOR THESE TWO ( POSSIBLE INNOCENT) BLACK AMERICANS ON DEATH ROW HERE IN GEORGIA & PENNSYLVANIA AND NOW HAVE TO AGAIN TURN TO OTHERS (WHO ALSO VALUE POSSIBLE INNOCENT LIFE) OUTSIDE OF AMERICA FOR THEIR CARING AND CONCERNED ASSISTANCE !!!

AMERICA HAS NEVER REALLY OFFERED OUR POORER CITIZENS LIKE TROY DAVIS AND MUMIA ABU ~ JAMAL FAIR OPPORTUNITIES TO HAVE PROPER LEGAL REPRESENTATION IN OUR U.S. COURTS, SO IT HAS BECOME VERY OBVIOUS TO MILLIONS OF AMERICANS AND OTHERS WORLD WIDE THAT INNOCENT PEOPLE ARE BEING FALSELY EXECUTED RIGHT HERE IN THE WEALTHIEST COUNTRY IN THE WORLD !!!

WE ASK ALL OF THE FAIR AND LOVING PEOPLE IN AND OUT OF GOVERNMENT IN PERU MR. PRESIDENT GARCIA TO PLEASE SERIOUSLY CONSIDER THIS PRISONER EXCHANGE OF YOUR AMERICAN PRISON INMATE LORI BERENSON FOR OUR POSSIBLY INNOCENT TWO BLACK AMERICAN PRISON INMATES WHO WILL OTHERWISE SURELY BE EXECUTED IN GEORGIA AND PENNSYLVANIA WITHOUT BEING AFFORDED NEW AND FAIR TRIALS !!!

LAWYERS FOR POOR AMERICANS IS A WWW VOLUNTEER LOBBY GROUP THAT LOBBY OUR IVORY TOWER U.S CONGRESSIONAL LEADERS OF THE FREE WORLD FOR MIDDLE CLAAS AND WORKING POOR AMERICANS RIGHT TO HAVE PROPER LEGAL REPRESENTATION IN CIVIL,CRIMINAL AND FAMILY COURTS ALL ACROSS AMERICA .

LAWYERS FOR POOR AMERICANS CAN BE ENTERED INTO AND WWW SEARCH ENGINE BY OUR NAME OR PHONE NUMBER TO FIND OTHER WRITTEN ARTICLES. lawyersforpooramericans@yahoo.com (424-247-2013)


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zerocarb
Comment posted June 27, 2009 @ 2:32 am

DouglasField is an uninformed (or more likely misinformed) moron who loses all credibility by dragging cold-blooded cop killer Mumia Abu-Jamal into his argument. You know the old saying about lying down with dogs? Might be time for a flea dip.


DOUGLASFIELD
Comment posted June 27, 2009 @ 8:58 pm

~ AMERICANS CONTINUE TO DEMAND FAIR TRIALS IN IRAN & NORTH KOREA,BUT NOT HERE IN OUR GLASS HOUSE ~

OUR AMERICAN JUDICIAL SYSTEM IS CURRENTLY ONLY OBLIGATED ( U.S.SUPREME COURT 1963 GIDEON RULING ) TO PROVIDE OUR POORER AMERICANS WITH A INITIAL CRIMINAL LAWYER AT THEIR TRIALS. MANY TIMES IN AMERICAN STATE TRIALS THERE IS REALLY VERY LITTLE INVESTIGATION BEING OFFERED TO DEFEND OUR POORER AMERICANS AGAINST EVEN UNFOUNDED CRIMINAL CHARGES ? IF AMERICA IS ONLY NOW FINDING OUT ABOUT (17YRS AFTER THE FACT) SEVEN OF NINE WITNESSES LYING IN THE TROY DAVIS LEGAL CASE,ARE WE NOW SUPPOSE TO THINK THAT TROY DAVIS HAD A PROPER LEGAL Defense AT HIS CRIMINAL TRIAL IN GEORGIA ???

CARING AMERICANS KNOW REAL JUSTICE AND SADLY OUR POORER AMERICANS ARE CONTINUING TO HAVE CRIMES AGAINST HUMANITY INFLICTED ON THEM IN OUR U.S.JUDICIAL SYSTEM.WE CONTINUE EXECUTING INNOCENT AMERICAN CITIZENS ACROSS OUR COUNTRY BECAUSE OUR IVORY TOWER U.S. CONGRESSIONAL LEADERS OF THE FREE WORLD HAVE NEVER EVEN CARED ABOUT SPENDING THE NEEDED $$$ TO CORRECT THIS LACK OF PROPER LEGAL REPRESENTATION FOR OUR MIDDLE CLASS AND WORKING POOR AMERICANS. FALSE IMPRISONMENT FOR TWENTY YEARS OR MORE ,WRONGFUL EXECUTIONS,RAPES AND MURDERS IN OUR AMERICAN PRISONS ARE HAPPENING EVERY DAY IN AMERICA AND JUST MAYBE
THE TIME HAS COME WITH OUR SPECIAL AND UNIQUE PRESIDENT AND U.S.ATTORNEY GENERAL RUNNING OUR COUNTRY TO OFFER OUR POORER CITIZENS THE NEEDED C*H*A*N*G*E….. TO HELP MAKE OUR NEW AMERICA AND HER UNJUST JUDICIAL SYSTEM A MUCH MORE JUST SOCIETY FOR ALL AMERICANS TO RESPECT AND CHERISH !!!!!!!!!!!!!!!!!!!!!!!!!!!!

AMNESTY INTERNATIONAL,AND THE NAACP ARE JUST TWO INTERNATIONAL AND NATIONAL HIGHLY RESPECTED ORGANIZATIONS THAT HAVE BROUGHT THESE TWO SEPERATE AMERICAN HUMAN LIFE INJUSTICES TO THE WORLDS ATTENTION,BUT MAKE NO MISTAKE IN THINKING THAT TROY DAVIS AND MUMIA ABU – JAMAL ARE ALONE IN NOT EVEN BEING ABLE TO RECEIVE NEW AND FAIR TRIALS IN THE WEALTHIEST COUNTRY IN THE WORLD !

** GEORGIA HAS HAD AT LEAST FIVE OTHER PREVIOUS LEGAL CASES OF INNOCENT BEING RELEASED ON THEIR DEATH ROW BEFORE THEY WERE FALSELY EXECUTED **
DOES THAT MEAN THAT TROY DAVIS IS ALSO INNOCENT OF THE CRIME OF MURDER?
NO,BUT MOST ALL AMERICANS WANT TO KNOW FOR SURE THAT WHEN SOMEONE IS EXECUTED IN ANY AMERICAN STATE, THAT THEY ARE TRULY THE GUILTY PARTY WHO
DID THE CRIME,NOT JUST THE TIME ?

I DO NOT SEE WHY ANYONE WOULD OBJECT TO HAVING NEW TRIALS FOR ANY OF OUR DEATH ROW INMATES IN AMERICA WHERE TREMENDOUS DOUBT ABOUT THEIR INITIAL GUILT IS IN PLAY ? WHY WOULD ANY FAMILY MEMBER OF ANY MURDERED RELATIVE WANT OUR JUDICIAL SYSTEM TO RUSH TO SO CALLED JUSTICE AND BE IN REALITY CONTRIBUTING TO HAVING ANOTHER POSSIBLE INNOCENT PERSON MURDERED IN THE NAME OF THEIR FORMER LOVED ONE ?


johnhkennedy
Comment posted July 9, 2009 @ 4:47 pm

After 8 years of tying the word “un-Constitutional” to Bush, I never in my wildest dreams believed I would be using it in a sentence along with “President Obama”.

What is he thinking?

Keep the pressure on him to do the right thing.

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calling for prosecution of
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