Court orders stop to all Gitmo proceedings

[link|http://www.newsday.com/news/politics/wire/sns-ap-guantanamo-trials,0,144284.story?coll=sns-ap-politics-headlines|News Day]

A U.S. federal court ruled Monday that Osama bin Laden's driver was entitled to a legal hearing on whether he is a prisoner of war -- a landmark opinion that could prevent military trials of alleged enemy combatants held at Guantanamo Bay.

The government said it would immediately seek a stay of that ruling and file an appeal.

Not only did the judge rule that the man is entitled to a hearing, but that no proceeding could go forward till the hearing was held. The judge took a very anti-government line here, holding that the current Gitmo procedures and tribunals do not qualify as a fair or valid court. In theory this applies to only this one case, but if this is not overturned, all proceedings at Gitmo will be open to question.

Jay

Post #183,621 by JayMehaffey 11/8/04 8:32:32 PM Reply	Court orders stop to all Gitmo proceedings [link\|http://www.newsday.com/news/politics/wire/sns-ap-guantanamo-trials,0,144284.story?coll=sns-ap-politics-headlines\|News Day] A U.S. federal court ruled Monday that Osama bin Laden's driver was entitled to a legal hearing on whether he is a prisoner of war -- a landmark opinion that could prevent military trials of alleged enemy combatants held at Guantanamo Bay. The government said it would immediately seek a stay of that ruling and file an appeal. Not only did the judge rule that the man is entitled to a hearing, but that no proceeding could go forward till the hearing was held. The judge took a very anti-government line here, holding that the current Gitmo procedures and tribunals do not qualify as a fair or valid court. In theory this applies to only this one case, but if this is not overturned, all proceedings at Gitmo will be open to question. Jay
Post #183,629 by Another Scott 11/8/04 8:54:53 PM Reply	Also see #183552. ;-)
Post #183,631 by drewk 11/8/04 8:58:34 PM Reply	I seem to remember ... Didn't soemone say that the administration had to either declare them to be prisoners of war, or criminal suspects? Oh wait, in fact there were a whole lot of someones saying that. In their effort to avoid the legal requirements for treatment of either of those categories they made up the new "enemy combattants" designation. Now that they actually want to try someone, they have to decide whether to use military or civilian courts. No matter which one they pick, they're screwed -- if there are many more judges with the integrity and balls this one seems to have, to call them on it. === Purveyor of Doc Hope's [link\|http://DocHope.com\|fresh-baked dog biscuits and pet treats]. [link\|http://DocHope.com\|http://DocHope.com]

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