Skip to main content

In the HUGE blow against those of us for Human Rights Judge Robertson threw out Hamdans case today. He said because of the new law he could no longer hear the case.

Though Robertson originally sided with Hamdan, he said that 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.

http://news.yahoo.com/...

WASHINGTON - A federal judge upheld the Bush administration's new terrorism law Wednesday, agreeing that Guantanamo Bay detainees do not have the right to challenge their imprisonment in U.S. courts.

This is going to cause havoc in our legal system, and will be a shot heard round the world. I don't think , if it is allowed to go to the Supreme Court , the ruling will stand. We have the out-going Congress to thank for this. As you know many Democrats voted in support of this law also, being afraid of losing votes in the then upcoming election. I will update as more is released, and feel free to add anything you find.

Yes, Habeas Corpus is truly dead for now.

Update :From the Center for Constitutional Rights:

On December 13, 2006, the Center for Constitutional Rights Deputy Legal Director Barbara Olshansky said, "Unfortunately, Judge Robertson overlooked the primary ruling on the rights and protections guaranteed to the detainees at Guantanamo by the United States Supreme Court in its 2004 ruling in Rasul v. Bush."

Continued...

She continued, "That decision held squarely that the detainees are entitled to challenge the legality of their detention in front of a court by means of the writ of habeas corpus under both the Constitution and the laws of the United States. This means that even if a law, like federal statute 28 USC 2241 has been amended by Congress-as it was in the MCA-the detainees still retain their right to challenge their imprisonment under the Constitution itself and under the common law as it has existed since the Magna Carta was handed down in 1215."

Barbara Olshansky also noted that "this is the first time in the history of this country that a court has held that a man may be held by our government in a place where no law applies." She further noted that "the Center will not stand by and watch the unraveling of human rights at the cost of individual freedom and our most fundamental democratic principles."

Hattip to " normal family " http://www.ccr-ny.org/...

The New York Times has a article in this mornings paper. The bit below is the key part in understanding what actually went on. At least for me.

It was Judge Robertson who granted Mr. Hamdan’s habeas petition in November 2004, abruptly halting his war crimes trial in the middle of proceedings at Guantánamo by ruling that the process was fatally flawed.

But in his decision Wednesday, the judge said circumstances had changed fundamentally with enactment of the new law. And not only is Mr. Hamdan barred from a challenge under the habeas statute, the judge said, he cannot follow the usual second avenue to bring a habeas challenge — invoking the Constitution — because it is unclear that noncitizens at Guantánamo have that right.

Not being a lawyer when trying to understand some of this stuff will make my head spin. http://www.nytimes.com/...

Update #3 Glenn Greenwald has interesting points on what this Judge has actually done. He also reminds us that Judge Robertson is the Judge that resigned from FISA under protest of Bushs ignoring of the FISA Law. http://glenngreenwald.blogspot.com/

Originally posted to OneCrankyDom on Wed Dec 13, 2006 at 02:25 PM PST.

EMAIL TO A FRIEND X
Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags

?

More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Meteor Blades, pontificator, Leslie in CA, Bob Johnson, wozzle, RichM, maxomai, Alumbrados, paradox, zzyzx, Schmendrick, ohwilleke, Go Vegetarian, Marek, dwellscho, pb, Nathan in MD, Sean Robertson, Mogolori, DC Pol Sci, randompost, April Follies, tundraman, eugene, lapin, ultrageek, murphy, Rayne, SarahLee, teacherken, natasha, Dounia, Trendar, gogol, moon in the house of moe, CA JAY, Joan McCarter, jimpol, Pen, cosbo, Unstable Isotope, HarlanNY, kainah, Bob Love, Maryscott OConnor, dday, jethropalerobber, JTML, Avila, Shockwave, Jambro, Heimyankel, SanJoseLady, OLinda, eeff, Mnemosyne, iconoclastic cat, NCrefugee, Duncan Idaho, d3n4l1, frisco, marjo, Carnacki, mataliandy, aybayb, Cecrops Tangaroa, silence, Vitarai, fabooj, eyeswideopen, jackspace, km4, joyous, Mr Teem, Boston Boomer, JohnInWestland, healing one, bronte17, megs, Ti Jean, Pithy Cherub, wanderindiana, mhale85, scamp, Scoopster, Porfiry, cookiebear, roses, redlami, javelina, Ignacio Magaloni, peraspera, amanuensis, Fe, Miss Blue, Nate Roberts, thingamabob, matt2525, rioduran, arkdem, Cedwyn, Chrisfs, Eddie C, wader, JimDev, jhwygirl, kredwyn, psnyder, Moody Loner, BurnetO, NewDirection, by foot, jlynne, Boppy, synth, churchylafemme, Red Wind, ohiolibrarian, HollywoodOz, lecsmith, horsewithnoname, RenaRF, grrr, sommervr, lcrp, welshvalleymaid, crumb, Rxtr2, inclusiveheart, walkshills, jinny, AllisonInSeattle, Sam Loomis, Levity, mattes, smartgo, WisVoter, Man Eegee, CanYouBeAngryAndStillDream, Deward Hastings, Steven D, HK, Little Red Hen, DrewDown, tipsymcstagger, thereisnospoon, iliketodrum, greeseyparrot, Sol Fed Joe, TexH, kevsterwj, Gowrie Gal, rapala, joanneleon, Fabian, Bluesee, marina, farleftcoast, kingubu, Tami B, jhancock, liberal atheist, pop tart, jfdunphy, Elise, Five of Diamonds, docangel, LarisaW, baccaruda, Heiuan, Tonedevil, PBen, Jashugan, sap, panicbean, Valtin, Clem Yeobright, ChemBob, kaye, viral, amRadioHed, anonymousredvest18, Simpletonian, reflectionsv37, Bouwerie Boy, montpellier, Jules Beaujolais, suskind, cris0000, Morrigan, majcmb1, olivia, truebeliever, ajr2005, GreyHawk, annefrank, lotlizard, Joy Busey, illyia, rolandzebub, Yamara, wardlow, Shotput8, neroden, wiscmass, serrano, CarterDulka, Dunvegan, dsteffen, Cory Bantic, Spathiphyllum, hcc in VA, empathy, Indiana Bob, tjfxh, npbeachfun, skywriter, berko, SoulCatcher, AceDeuceLady, xrepub, Showman, trashablanca, Nightprowlkitty, Compound F, tarheelblue, Keone Michaels, jsamuel, vigilant meerkat, BlueInARedState, leo joad, hearthmoon, GreenGirl, Yellow Canary, allmost liberal european, dougymi, theyrereal, Wary, Albatross, akasha, sailmaker, quinque, KazHooker, StrayCat, Tanya, Leila, real world chick, mrcoder, FireCrow, CTLiberal, mhw, Unitary Moonbat, land of the free, Randian, Clive all hat no horse Rodeo, The Lighthouse Keeper, Dreaming of Better Days, scoff0165, chgobob, Lew2006, bstotts, Snarcalita, duha, Temmoku, slksfca, kml, AllanTBG, Callandor, Aaa T Tudeattack, AntKat, embra, bigchin, Abraham Running For Congress When I Turn 25, Sidof79, asilomar, khereva, Cronesense, SomeStones, Haningchadus14, Lysis, offgrid, suburi, Wide Awake in NJ, mikk0, cyrus dugger, JeremyA, DvCM, eureka springs ar, mhinds01, Ticonderoga, Matt Z, DWG, Flirtin with Disaster, bnasley, Flaw, PoorLonelyChild, lizpolaris, epppie, BlueInKansas, Maglanor, prostratedragon, PaulGaskin, JML9999, mall teacher, gizmo59, nom de paix, PaxAmericana, damascusdem, Delta Terp

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site