Judge Orders Five of Six "Boumediene" Detainees Freed

In another stinging rebuke of the Bush administration's conduct of the war on terror, a U.S. District Court Judge has ordered that five Algerian detainees be released. SCOTUSblog has some analysis:

U.S. District Judge Richard J. Leon, in the first ruling to carry out the Supreme Court’s June decision on detainees’ rights, ordered the federal government to release five Guantanamo Bay detainees "forthwith." The judge found, however, that the government had justified the continued imprisonment of a sixth detainee, Belkacem ben Sayah.

The judge, in an unusual added comment, suggested to senior government leaders that they forgo an appeal of his ruling on freeing the five prisoners, suggesting that "seven years is enough" in captivity. He argued that the government could pursue whatever legal issues it wished to while defending on appeal his ruling in the case of ben Sayah....

In ruling against the government as to the five detainees, Judge Leon said that the Justice Department and intelligence agencies had relied solely on a classified document, which he found was not persuasive on the government’s claim that the five had planned to travel to Afghanistan to join in hostile actions against the United States and allied forces.

It's unlikely that that Bush administration will take Judge Leon's advice and not appeal his ruling, given last month's appeal of the order that 17 Chinese-born Muslims, all deteremined to be innocent, be released. However, this is a blow struck for the restoration of habeas. The executive director for the Center for Constitutional Rights, which has taken the lead in the Guantanamo cases, had this statement:

Even in a courtroom that was closed to the public and the press, and with the detainees allowed access to the proceedings only by telephone, the court could find no reason to hold these men. This decision makes it clear once again that even with presumptions in its favor, the government cannot muster the barest evidence in support of its arbitrary detentions. For seven years, the Bush administration sought to avoid the courts because it had no evidence and sought instead to create a lawless prison.

We must note that justice here, however, comes seven years too late. The restoration of habeas corpus is a great achievement, and what is necessary now is for the government to give up this charade, rescind the ‘enemy combatant’ labels slapped on recklessly by combatant status review tribunals and return the men at Guantanamo to their home countries or, for those needing resettlement or asylum, to a safe third country.

We hope a new administration makes restoring the lives of hundreds of men at Guantanamo who have never been charged with any crime or tried in a court of law a top priority. Guantánamo Bay is a failure by every measure and must be closed immediately.

That is likely to happen. Here's what President-elect Obama had to say on 60 Minutes last Sunday:

CBS: There are a number of different things you can do early on pertaining to executive orders.

OBAMA: Right.

CBS: One of them is to shut down Guantanamo Bay. Another is to change interrogation methods that are used by U.S. troops. Are those things that you plan to take early action on?

OBAMA: Yes. I have said repeatedly that I intend to close Guantanamo, and I will follow through on that. I have said repeatedly that America doesn’t torture, and I’m going to make sure that we don’t torture. Those are part and parcel of an effort to regain America’s moral stature in the world.