Legalities

Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg

Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.

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Judge Orders Release of Five Terror Suspects

November 20, 2008 2:54 PM

A federal judge has ordered the government to release five terror suspects detained at Guantanamo, saying it failed to prove the men planned to take up arms against the United States.

Judge Richard Leon directed the government to "take all necessary and appropriate diplomatic steps" to bring about their release, according to a lawyer in the courtroom. Unlike another federal judge last month, however, he did not order them released into the United States.

Leon urged the government not to appeal, but to instead find a country to accept the men. They are native Algerians who were captured in Bosnia in 2001.

One of the five is Lakhdar Boumediene, who had argued that he and the other detainees had a constitutional right to a court hearing to challenge their imprisonment. The Supreme Court agreed in June, paving the way for the hearing in Leon’s courtroom on whether the government could continue holding the six detainees.

According to a lawyer in the courtroom, Leon faulted the government's evidence that the men were enemy combatants. It relied on one classified document by an unnamed source.

Nadia Asancheyev, a fellow at the Georgetown Center on National Security and Law, said Leon told the courtroom he could not "adequately assess the reliability of the sole source of information" the men were enemy combatants.

Justice Department Spokesman Peter Carr said the department was "of course disappointed by, and disagree with," Leon’s decision. He said it was "perhaps an understandable consequence" of the fact that neither Congress nor the Supreme Court set out any rules for how judges in these cases should proceed.

He urged Congress to step in and set up guidelines that allow "the Government to present its case without imperiling national security."

"These cases present extraordinary circumstances where wartime enemies have been captured abroad and are being detained based often on the same sort of classified intelligence relied upon by the military in conducting wartime operations,” Carr said.

Carr praised Leon for ruling that a sixth Gitmo detainee was an enemy combatant.

In his ruling, which he read from the bench, Leon also cautioned that the case was "unique" and that "no one should be lulled into a false sense" that other detainee cases would be similarly decided.

Last month, federal District Court Judge Ricardo Urbina ordered 17 Chinese Muslims released into the United States. The government had conceded those 17 were no longer enemy combatants, but said no country would take them. That case is on appeal and will be argued before a federal appeals court panel on Monday.

Earlier this year, a federal appeals court rejected the government's claims that another detainee was an enemy combatant.

November 20, 2008 | Permalink | User Comments (33)

User Comments

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What do we do if no other country will take these men?

Posted by: DisgustedFormerDemocrat | Nov 20, 2008 3:14:52 PM

disgustedformerdemocrat: to answer, if their own country won't take them, I say move them all nextstore to the judge who ordered their release.

Posted by: explore | Nov 20, 2008 3:44:11 PM

Remember Daniel Pearl? Send them to Pakistan.

Posted by: Pakistan | Nov 20, 2008 4:08:29 PM

Obama got what he wanted. Club Gitmo will be history soon. Terrorists will roam the streets again. Thank you Democrats!

Posted by: Obama's Wish | Nov 20, 2008 4:10:01 PM

Obama's wish, this decision is nothing to do with Obama. Last time I looked Bush was still president and the judge is just applying the law that applies under the Bush administration.

Posted by: plainview | Nov 20, 2008 4:18:03 PM

old news? pray the action taken at once to release the five; what implications does the reporter interpret to be forthcoming as important consequences? international dialogue, high authority and definition of normal relations, per se: how effected?

Posted by: Jeanmarie Amend | Nov 20, 2008 4:37:37 PM

"Obama's Wish"---the President-Elect doesn't want terrorists on the streets and you know this. he wants an end to infinite detainment of human beings without trial. not everone who was taken to Guantanamo Bay is guilty and they are that could have been proved in a court of law. some of these people have been there since 2001. almost 8 years and no legal action at all in their cases? concentration camps aren't cool.

Posted by: Paul Wall | Nov 20, 2008 4:38:09 PM


Imagine being pick up and sent to that place with no TRIALS or anything and you never play apart in the fighting.

but lets play devils advocate . if someone INVADES America and we as citizens pick up arms and fight them...and they caught us; put us somewhere like Guantanamo, what should the charge be ?.. afterall we were only defending our country.

many times i wish many Americans look at this from the other side and i think a realty check will set in.

"one man's terrorist is another freedom fighter".

Posted by: mark | Nov 20, 2008 4:47:50 PM

Bosnia has already agreed to take them. All the charges were unfounded. In other words- THEY ARE INNOCENT. They have not seen their wives or children in almost 8 years. Do you think these children will even know their fathers?

Posted by: kim | Nov 20, 2008 4:55:59 PM

Hope we don't have to pay them or their lawyers.

Posted by: LongT | Nov 20, 2008 5:03:03 PM

Five suspects imprisoned for such a long time for nothing. Their lives ruined and their future tainted. This is not American justice it is incompetence and unfair human rights violation and those responsible should be brought to justice. It is time to gain the high moral ground again as soon as the gang that has ruled Washington for the past 8 years leaves town. I am sure the response of Cheney will be "SO"

Posted by: gjkotw01 | Nov 20, 2008 5:36:47 PM

LongT---it would have been much cheaper and far fairer to have them charged and tried in a court of law, not the kangaroo court that is Guatanamo Bay. i mean the Geneva Convention and Accords are international standards of how to treat people because it is how we would wish to be treated. we are, as you know, in violation of international law and the Geneva Conventions. this is a stain on our history. we are better that this. in two months this will be over.

Posted by: Paul Wall | Nov 20, 2008 5:44:38 PM

Mark, these guys were from Algeria, not Afghanistan or Iraq...they were not "defending their country"...they were caught attempting to enter the combat theater and suspected of siding against US forces there...with that siad, the judge applied the rule of law, and so it stands...the men will be released...I don't think it's terrible or the end of the world, etc...btw, are you aware of the US military's presence in the African Sahel? The US is training armies of nations from Niger to Mali to counter islamist movements like those in Algeria...movements that these guys were likely a part of...

Posted by: Jazz | Nov 20, 2008 5:48:07 PM

> This is not American justice, it is incompetence and unfair human rights violation and those responsible should be brought to justice.

LongT: You are 100% correct. The big question: Why are radical right-wingers so quick to abandon the Constitution and all sense of human decency every time a national emergency arises? The answer is: it's the easy path for low-IQ incompetents. And the chief of all these is Cheney. God save us from the destruction of our country by the right-wing.

Posted by: Randor | Nov 20, 2008 6:48:28 PM

You people have human rights concerns? Do you think these people were picked up innocently shopping at the market? Let them move near you kool-aid drinkers. The people that are there are people who killed our soldiers and others. I say let them stay in Cuba. Open the doors and let them out there. What a travesty. I'm sure the ACLU will set them up in a nice condo somewhere so they can begin plotting against us on our own land.

Posted by: mjmflowergirl | Nov 20, 2008 6:57:33 PM

Spann was killed during a riot at the Qala-i-Jangi compound in Mazari Sharif in northern Afghanistan according to CNN reporter Robert Young Pelton.[2] In the same day, he and another officer at General Dostum's military garrison named Qali Jangi near Mazari Sharif questioned John Walker Lindh. As shown on British Television (Channel 4 news), Spann asks "are you a member of the IRA?" This question was asked because Lindh was told to claim he was Irish to "avoid problems." Officials recovered his body after Afghan Northern Alliance troops backed by U.S. air strikes and UK Special Boat Service and US Army Special Forces crushed the uprising. Spann had been shot in the back of the head twice.

Spann fought first with his AK-47 until it ran out of ammo, then drew his pistol and used it until it too was out of ammo, then engaged the enemy in hand to hand combat; because of the greater numbers, the insurgents eventually overtook him. Because of his actions, numerous others who were nearby were able to escape to safety.[3]

I would bet none of you whiners even remember his name.

These are some of the animals that are in Guantanamo, I hope they apply for asylum here in the states and they are granted it, because we are soooo evil. Then I hope they move next door to you all that think they are soooo innocent. They are all very healthy now, medical care, good nutrition, denatl care, etc. all supplied by the eeeevil USA. I'm betting that 8 yrs. at Guantanamo is a lot better than the fate that met Daniel Pearl and Nick Berg.

Oh and by the way, there are lots of kids here who will NEVER know their parents because the DEAD! Don't you remember when they were INCINERATED on live t.v.?

Posted by: dawglover | Nov 20, 2008 7:19:18 PM

mjmflowergirl, you are grossly misinformed -- the people in Gitmo are not only those who killed our soldiers. If that were true it would be far less of a travesty. Kool-aid drinkers? You should wake up to reality: the world is not a simplistic good/evil, right/wrong place that you envision. When Bush, Cheney & Co decided to suspend the Constitution and rape the human rights of thousands, it was not simply a wrong against those people. The huge wrong was the irreparable damage they did to America and everything we stand for, trashing our goodwill around the world, and destroying our reputation as the beacon of justice and human decency.

Posted by: Randor | Nov 20, 2008 7:44:16 PM

For all you guys thinking that this is a democratic or obama consirpicy should probably know that this is a very conservative judge appointed by the super liberal the current president George W. Bush!

Posted by: SammyB | Nov 20, 2008 7:49:17 PM

I'm surprised and ashamed at the number of people here who have already tried and convicted these men. One wonders how many innocent people the government would have to incarcerate before the remainder see THEMSELVES at risk of permanent detention without charge, appeal or trial.

Posted by: motoboy | Nov 20, 2008 7:50:08 PM

Hey Bill,

These probably are terrosists and they make strike again. But only GITMO and the toturing done by BUSH/CHENEY is to blame for their freedom. No one wanted to release these guys but a judge has to through out any evidence gained through torture. ITS THE LAW!!

Posted by: SammyB | Nov 20, 2008 7:54:13 PM

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