Misblog

Originally Published October 07, 2008; Last Updated March 02, 2010; Republished March 02, 2010: Judge Ricardo M. Urbina in response to King Bush the Idiot's2 continued assertion that our Judiciary does not possess the power to order the release of illegally and unconstitutionally held Guantanamo detainees ordered the release of 17 detainees by Friday, October 10, 2008.1

Judge Urbina

Web:

• UPDATED 03/02/2010 Reuters, Supreme Court gets rid of Guantanamo Uighurs case.

  "The Supreme Court set aside a U.S. appeals court ruling that only the executive branch can make immigration decisions about bringing the Uighurs into the United States."--Reuters--

• UPDATED 12/17/2009 ProPublica⁴, Judge Who Ordered Release of Uighurs Rules for Another Gitmo Detainee.

• UPDATED 10/20/2009 NYT, Justices to Decide if Detainees Can Be Released Into U.S..

  Supreme Court Appeal 08-1234, Kiyemba, Jamal et al. v. Obama, President of the United States et al.

  Our president has previously indicated his intention to transfer unreleased detainees from Guantanamo to the mainland.

  Congress continues on its convoluted path back to the rule of law—permitting detainees to be tried in mainland federal courts (Reuters, Congress agrees on moving Guantanamo inmates; Ahmed Khalfan Ghailani has already been transferred to New York for trial).

• UPDATED 08/24/2009 NYT, Detainee to Question 9/11 Suspect.
• UPDATED 08/21/2009 ProPublica, More at Stake in Gitmo Court Orders Than Detainees’ Fates
• UPDATED 07/24/2009 ProPublica, Their Own Private Guantánamo
  • ProPublica, An Examination of 31 Gitmo Detainee Lawsuits
• UPDATED 06/17/2009 Reuters, U.S. has decided fate of half Guantanamo detainees.
• UPDATED 06/06/2009 UPI, Lawyers ask high court to free Uighurs.

• UPDATED 02/18/2009 BBC, Guantanamo Bay release overturned. Two judges (Henderson and Randolph) on a three judge DC Circuit appellate panel reverses Urbina's order releasing the Guantanamo detainees into the United States (see Jamal Kiyemba v. Barack Obama; 08-5424 (.1M pdf)).

  The third judge (Rogers) in her concurring dissent suggests the Judiciary's authority to release into the United States is inherent in the power of the Great Writ (Habeas Corpus). The majority distinguish between release and release into the United States—release, yes; release into the United States, no, absent express congressional authority.

  The majority did not make any distinction between an Executive responding to an alien knocking on America's door requesting entry and an Executive that kidnaps an alien for purpose of indefinite detention.

  Why any appellate court in America would enable an abusive Executive to bootstrap and extend its own abuse is difficult to understand—nevertheless the direct remedy is for the current Executive to permit entry and for Congress to act to prevent future Executive abuse in the first instance.

• UPDATED 11/25/2008 UPI, Appeals court hears Uighurs case.
• UPDATED 10/22/2008 WP, Appeals Court Halts Release Of 17 Guantanamo Detainees. Unfortunately,... "A federal appeals court last night blocked the release of 17 Chinese Muslims into the United States from the U.S. military prison at Guantanamo Bay, Cuba, until it can hear further legal arguments in the case."--WP--
• UPDATED 10/08/2008 Reuters, Court blocks Uighurs' release from Guantanamo³
• Judge Orders Release of Chinese Muslims Into U.S.

-----notes-----

1. The United States Court of Appeals for the District of Columbia, in July 2008, ordered the release of detainee Huzaifa Parhat from King Bush the Idiot's realm after rejecting the same argument rejected by Judge Urbina.

2. A fundamental defining attribute of America is that we disdain and are contemptuous of kings—our forefathers were plenty aware of the harm kings inflict on nations—to our everlasting credit most Americans have thoroughly rejected King Bush the Idiot.

Repairing the harm King Bush the Idiot has inflicted on our great nation may take a generation, but repair it we will!

3. "The panel directed written briefs be submitted by Oct. 16 but gave no schedule for a ruling on whether it would stay Judge Urbina’s ruling pending a full appeal. The appeals [sic, appellate] judges on the panel were Karen LeCraft Henderson, A. Raymond Randolph and Judith Rogers".--NYT--

4. The journalism from the not-for-profit ProPublica has been nothing short of refreshing.

Should ProPublica ever change names it must consider ResPublica or Latin for "public thing". Res Publica forms the basis of our English word Republic, carried forward from Late Antiquity through the Middle Ages.