

by Andy Worthington
Featured Writer
Dandelion Salad
www.andyworthington.co.uk
11 Aug. 2009
In the first part of this three-part series examining the Guantánamo prisoners’ attempts to secure their release via the US courts, Andy Worthington, author of The Guantánamo Files, examined the Bush administration’s record in the seven months after the Supreme Court’s ruling, in June 2008, that the prisoners had constitutionally guaranteed habeas corpus rights, and explained how, despite obstruction by the Justice Department, District Court judges reviewed 26 cases, and in all but three found that the government had failed to establish, “by a preponderance of the evidence,” that it was justified in holding the men. This second article (and the final part next week) examine the Obama administration’s record, in its first seven months in office, presenting an under-reported story of ongoing obstruction by the Justice Department, apoplectic judges, and, in the majority of the cases in which a judge has been able to make a ruling, more humiliation for the government.
Bush’s Justice Department lives on in two depressing court rulings
On his second day in office, President Obama issued a number of Executive Orders, which appeared to tackle the worst excesses of the Bush administration’s “War on Terror,” and included pledges to uphold the absolute ban on torture and to close Guantánamo within a year. Given the repeated defeats of the Bush administration’s detention policies in the courts, it was not unreasonable to suppose that Obama would move swiftly to overhaul the Justice Department, which had been rocked by scandals indicating that it had become heavily politicized during the Bush years. Accordingly, it was anticipated that Obama would focus on putting in place new staff who would take on board the Supreme Court’s statement that “the cost of delay can no longer be borne by those in custody,” would prevent the obstruction that was all too apparent in the dying days of the Bush administration, and would urgently review the prisoners’ files to prevent further humiliation by taking unjust and unwinnable cases to court.
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