posted on December 14, 2006 08:45:40 AM new
By MATT APUZZO
Associated Press
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.
The ruling by U.S. District Judge James Robertson is the first to address the new Military Commissions Act and is a legal victory for the Bush administration at a time when it has been fending off criticism of the law.
Robertson rejected a legal challenge by Salim Ahmed Hamdan, a former driver for Osama bin Laden whose case prompted the Supreme Court to strike down the administration's policy on detainees.
Following Hamdan's victory last year, Bush asked for and got a new law that established military commissions to try enemy combatants and stripped them of the right to seek their freedom in U.S. courts.
Hamdan's case was sent back before Robertson, a nominee of President Clinton's who was a prominent civil rights advocate in private practice.
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.
The ruling does not affect hundred of detainees whose cases are awaiting a ruling by a Washington appeals court, which is reviewing two cases challenging the new law.
"“More Iraqis think things are going well in Iraq than Americans do. I guess they don’t get the New York Times over there.”—Jay Leno".
posted on December 14, 2006 09:54:18 AM new
It's really reassuring to see that there still are a few judges who have and use common sense.
We're at war for crying out loud and sometimes I think too many liberal Americans are on our enemies side....more worried about protecting our enemies 'rights' than they are about Americas future.
"While the democratic party complains about everything THIS President does to protect our Nation": "What would a Democrat president have done at that point?"
"Apparently, the answer is: Sit back and wait for the next terrorist attack."
