How Judge Huvelle Humiliated The Government In Guantánamo Case by Andy Worthington

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by Andy Worthington
Featured Writer
Dandelion Salad
www.andyworthington.co.uk
31 July 2009

On Thursday, as I reported in a separate article, “As Judge Orders Release Of Tortured Guantánamo Prisoner, Government Refuses To Concede Defeat,” District Court Judge Ellen Segan Huvelle granted the habeas corpus petition of Mohamed Jawad, one of Guantánamo’s youngest prisoners, seized when he was just a teenager. That article provides detailed background on the shocking story of Jawad’s mistreatment and the refusal of both the Bush and Obama administrations to concede that there was — and is — no viable case against Jawad, but in this article I am reproducing highlights from a habeas hearing on July 16 (PDF), in which Judge Huvelle subjected Justice Department lawyers to one of the most sustained outpourings of derision in the whole sorry history of the Bush administration’s woefully inept detention policies in the wake of the 9/11 attacks. For some reason known only to itself, the Obama administration seems hell-bent on defending its predecessor’s policies in federal courts, even though all that awaits it, in the majority of cases, is humiliation, embarrassment and worldwide scorn.

The hearing began as follows: Continue reading

As Judge Orders Release Of Tortured Guantánamo Prisoner, Government Refuses To Concede Defeat by Andy Worthington

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by Andy Worthington
Featured Writer
Dandelion Salad
www.andyworthington.co.uk
31 July 2009

On Thursday, in a long-anticipated ruling (PDF), Judge Ellen Segan Huvelle granted the habeas corpus petition of Mohamed Jawad, an Afghan teenager seized after a grenade attack on a jeep containing two US soldiers and an Afghan translator in December 2002, and ordered the government to transfer him to the custody of the Afghan authorities, who have already stated that he will be released on arrival.

Even if the government accepts Judge Huvelle’s ruling, Jawad will not be released immediately, because, under the terms of legislation recently forced on the government by Congress, the administration will have to provide lawmakers with “an assessment of any risk to the national security” posed by Jawad before he can be freed, which, it said, would take 22 days.

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