rssObama Administration Appeals Judge’s Order to Relase Gitmo Detainee
Monday, September 21, 2009 at 7:14 pm
- 1 Comment
Last month, a federal court judge ordered the Defense Department to release a 47-year-old father of two with a heart condition who the court ruled had been imprisoned at Guantanamo Bay for the past seven years without justification.
On Monday, the Obama administration said it plans to appeal the judge’s ruling.
Back in August, I noted that because Mohammed al-Adahi is from Yemen, whose government the Obama administration doesn’t trust to control terrorists, it would be reluctant to send him home. And because the United States refuses to accept any prisoners here and other countries are reluctant to take them, al-Adahi could end up stuck at Gitmo for months more.
But the government’s filing today suggests that the Pentagon believes al-Adahi does not deserve to be released — or at least that it can’t come up with a politically palatable place to send him.
Al-Adahi, as I explained when he won the order of release, was captured by Pakistani troops while fleeing Afghanistan on a bus that also carried wounded Taliban soldiers. In addition, he had spent a week at an Islamic training camp, from which he was expelled, and had once met Osama bin Laden at a wedding celebration for al-Adahi’s sister in Kandahar. To the Defense Department, this was sufficient grounds to hold al-Adahi as a Taliban fighter and send him to Guantanamo.
In the declassified version of her opinion granting his petition for habeas corpus, D.C. District Court Judge Gladys Kessler wrote: “Unable to prove the more serious allegation of actual participation in combat, the Government cannot rely solely on what is only associational evidence about Al-Adahi’s stay and arrest in the company of individuals rumored to be part of the Taliban. Such evidence is not sufficient to carry the Government’s burden.”
The government apparently disagrees, and indicated in a new court filing today that it will appeal that decision.
1 Comment
Comment posted September 22, 2009 @ 11:00 am
If the Hon' judge has given the verdict that the detainee is unjustifiably held in the custody then first of all concerned Authorities in Government Administration Department should have immediately shifted the detainee from the prison cell a better safe place.
And then file an appeal to the relevant court to extend time for the release of the detainee in the best interest and safety of the detainee to be released to an acceptable country for reasons to be mentioned.
This would have the proper way to show respect to the country’s highest Institution “The Justice Department”, But contrary to this fact, the court’s Judges are considered to be illustrates, because of the fact that Hon’ Judges do not use their authority.
The Hon’ Judges can use their inherent power by way of issuing rule on the authorities concerned to shows cause within a stipulated time as to why should the court would not issue warrant of contempt of court against the concerned authorities in the administration for delaying to implement court orders with ulterior motive or words to that effect and would not be dealt with in regular case.
It would then be seen how these Black Sheep in the Government Administration Department fear the judges and the court verdict. These culprits would then bow down to court orders and implement the verdicts in lightening speed. .
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