Feb 20, 2009 6:03pm

Gitmo Detainee to be Released Next Week

ABC News has learned that the Obama administration will begin the process of releasing a prisoner from the Detainee Center at Guantanamo Bay next week, perhaps as early as Monday.

Binyam Mohamed, a 30-year-old Ethiopian and legal resident of the UK, will be transferred into British custody, government officials told ABC News. The British will fly Mohamed back to England. The British government has signaled it intends to subject Mohamed to surveillance, but he is not expected to be arrested.

British authorities have long expressed concern that any evidence against Mohamed would be inadmissible because of alleged torture against him by Pakistani and U.S. authorities.

The White House had no comment.

Mohamed has been detained at Gitmo since September 2004. He was first arrested in Pakistan by local authorities in 2002 and turned over to U.S. military authorities a few months later.

According to the Combatant Status Review Board filings summarizing evidence against Mohamed for combatant status review tribunal recently made unclassified (see HERE and HERE), Mohamed "received paramilitary training" at the al Faruq training camp in Afghanistan.

There he learned about "light arms handling, explosives, and principles of topography." He was "taught to falsify documents and received instruction from a senior al Qaida operative on how to encode telephone numbers…"

"The detainee proposed, to senior al-Qaida leaders, the idea of attacking subway trains in the United States," the board statement says. In Karachi, Mohamed "received explosives and remote-controlled-detonator training from an al Qaida operative." An al Qaida operative also told Mohamed to go to the U.S. "to assistant in terrorist operations," the document states. He allegedly was planning to use a "dirty bomb."

In an interview with a member of the U.S. military also recently declassified, (read it HERE) Mohamed said that his training was done before 9/11 in order "to fight in Chechnya, which was not illegal." His contacts with al Qaida were only made so he could get out of Afghanistan and back to the U.K. Mohamed also "stated that his plane ticket at time of capture was a ticket from Karachi to Zurich to England, so how could he have plans to carry out attacks in the United States"?

All terrorism-related charges against Mohamed were dropped in 2007.

The ACLU has long claimed that Mohamed’s admissions were made under the duress of torture.

"This unprecedented release of an enemy combatant, who has already targeted the United States, clearly shows that despite the promises that President Obama made to keep this country safe, he may be putting political promises ahead of our national security," said Commander Kirk Lippold, Former USS Cole Commander. "The laundry list of charges against Binyam Mohamed, many of which he has admitted to, makes it blatantly clear that it is not if he will attack the United States, but only when his attack will happen."

Lippold, a Senior Military Fellow at Military Families United, called Mohamed’s release "dangerous" and urged the president to reconsider.

"By Mohamed’s classification as an ‘enemy combatant’," Lippold said, "the United States is aware that he poses a threat to our country and allies.  Instead of maintaining him in custody where justice can be served, President Obama is allowing him to be released to the United Kingdom without condition.  This presents a danger that he may rejoin the fight to kill innocent civilians."

The ACLU says that Mohamed, after being captured in 2002, was flown from Pakistan to Morocco on a Gulfstream V aircraft, for which flight and logistical support services were provided by Jeppesen Dataplan, Inc. Mohamed claims that for the following 18 months he was tortured by Moroccan intelligence officials. In 2004, Mohamed was flown to a secret U.S. detention facility in Afghanistan, Mohamed claims. Again, support services for this flight were provided by Jeppesen.

"In Afghanistan Mohamed was tortured and inhumanely treated by United States officials," the ACLU says. "Later that same year Mohamed was rendered a third time by U.S. officials, this time to Guantánamo Bay, Cuba where he is presently."

Mohamed is one of several detainees who have attempted to sue Jeppesen Dataplan, a suit fought by both the Bush and Obama administrations because of "state secrets."

In a statement the British Foreign Secretary David Miliband said Mohamed "will be returned as soon as the practical arrangements can be made."

"Mr Mohamed’s return does not constitute a commitment by the Home Secretary that he may remain permanently in the UK," Miliband said. "His immigration status will be reviewed following his return and the same security considerations will apply to him as would apply to any other foreign national in this country. As always, all appropriate steps will be taken to protect national security."

– Jake Tapper and Luis Martinez

User Comments

In reading this, I am very disappointed in the British and in the administration in the White House. I am a veteran and I have spent the last five years serving my country, fighting to protect America from terrorism. This is a slap in the face to every American, especially after them attacking us. So what if we tortured him!! They had no right to get into a airplane and use it as a weapon killing over 3,000 innocent Americans. I do not understand what the administration is doing. If we are attacked again we will know where to put the blame and it will be on the White House.

Posted by: jewels | February 20, 2009, 6:25 pm 6:25 pm

“I am a veteran and I have spent the last five years serving my country,”
Thank you for your service; however The Constitution, over which many have fought and died for, must be also be protected.

Posted by: anon | February 20, 2009, 6:30 pm 6:30 pm

Jewels make sure you read before you comment.
All charges against him were dropped in 2007. So why keep him in Gitmo.
What will you do if you were being tortured and had nothing to give. Would you not lie because you are in pain?

Posted by: Norm | February 20, 2009, 6:35 pm 6:35 pm

Hold on no one even says that is what this person did. Please stop saying everyone held there is part of 9/11 that thinking is how we got where we are today. And the real bad guys never have even served a day. Saudis did that

Posted by: Bonnie Kimberly | February 20, 2009, 6:36 pm 6:36 pm

This is a slap in the face to every American, especially after them attacking us. So what if we tortured him!!
***************************************
This statement is a slap in the face of every American who believes in the rule of law.
I do not know about you, but I served to protect the rule of law, through a Government who acts through the rule of law.

Posted by: Thinking | February 20, 2009, 6:39 pm 6:39 pm

QUESTION: DID THEY ACT WITH THE RULE OF LAW WHEN THEY KILLED OVER 3,000 PEOPLE. HELL NO!!!

Posted by: JEWELS | February 20, 2009, 6:46 pm 6:46 pm

Thank goodness Obama fought for mental health benefits for our military – clearly, needed per the example provided by jewels.

Posted by: anon | February 20, 2009, 6:55 pm 6:55 pm

Cue the manufactured outrage from the conservative media and right-wing of the GOP…
Meanwhile, not a peep when Bush was releasing dozens of detainees a year.

Posted by: matt | February 20, 2009, 6:59 pm 6:59 pm

One thing is certain: if Binyam Mohamed is released and commits an act of terrorism, the Obama Administration will lose all credibility on the issue — and they will never hear the end of it.

Posted by: tony | February 20, 2009, 7:10 pm 7:10 pm

Simply unbelievable.

Posted by: Plumber | February 20, 2009, 7:20 pm 7:20 pm

“Cue the manufactured outrage from the conservative media and right-wing of the GOP…
Meanwhile, not a peep when Bush was releasing dozens of detainees a year. ”
Yup.

Posted by: Ryan C | February 20, 2009, 7:33 pm 7:33 pm

I believe it, I also look for more (if not all) in the coming days…

Posted by: samhiguchi | February 20, 2009, 7:34 pm 7:34 pm

The next time there is a terrorist attack in the heart of London, the British can look to their own government for liability.

Posted by: Lisa Again | February 20, 2009, 7:40 pm 7:40 pm

Ryan C. but you failed to place the blame of the first attack on the White House. Wonder why?

Posted by: ReallyQ | February 20, 2009, 7:43 pm 7:43 pm

“Ryan C. but you failed to place the blame of the first attack on the White House. Wonder why?”
Because blaming the cowardly George Bush for the attack on 9/11 is shooting fish in a barrel.

Posted by: Ryan C | February 20, 2009, 7:48 pm 7:48 pm

The detainees are being released because the truth is, 90% to 95% had no clear or verifiable ties to any terrorist groups. dah! It was all a ruse to get all you duckies lined up in a row and quacking. Quack! Quack!
See how all of a sudden the so-called terrorists have shifted? They’re not in Iraq anymore? They’re in Africa, Afghanistan and where ever else the players want to lead all you gullibles into believing where they are? Can’t you all see this is just a ploy and play for world domination.

Posted by: The-Quackers | February 20, 2009, 7:50 pm 7:50 pm

What part of this article is so hard to understand? This guy could get up every morning and proclaim that he masterminded 911, london and madrid but he can’t be tried because darth cheney and his ilk obtained his confession by torturing him. Under the civilized system of legal justice if he can’t be tried we are obligated to release him. If your going to blame anyone start with the idiots in the last regime.

Posted by: Terry | February 20, 2009, 7:51 pm 7:51 pm

Why try him at all? At the end of World War II we had 400,000 German prisoners here on US soil, and not a single one of them had a trial of any kind. As the Obama administration has already confirmed, it asserts the right (as did Bush) to hold unlawful enemy combatants indefinitely without trial, until the cessation of hostilities.
Those who think that the civil justice system is the only avenue for dealing with these people are simpletons, utterly unschooled in international and US law.

Posted by: Fascist Hyena | February 20, 2009, 8:06 pm 8:06 pm

Yep, guilty even if proven innocent. That is the Republican creed.

Posted by: Jordan | February 20, 2009, 8:07 pm 8:07 pm

Perhaps Jordan is unaware that each and every detainee now held at Guantanamo (except for those we are willing to release but whose countries will not accept them, or are likely to torture them) has been found by a Combatant Status Review Tribunal, convened in full accord with the Geneva Convention, to be an unlawful enemy combatant. That is not a finding of “guilt,” it is a determination of status, and that status entitles the US to detain them for the duration of hostilities. The Obama administration agrees, so it’s not merely the “Republican” way.
Tell us, Jordan, of what crimes were the 400,000 WWII German prisoners charged? How many of them were found guilty?

Posted by: Fascist Hyena | February 20, 2009, 8:19 pm 8:19 pm

If they were killed after they were tortured for information…now that would be ruthless. But America is obviously not so ruthless, hmmm.

Posted by: marie | February 20, 2009, 8:26 pm 8:26 pm

anon said: “QUESTION: DID THEY ACT WITH THE RULE OF LAW WHEN THEY KILLED OVER 3,000 PEOPLE. HELL NO!!!”
Amen!!!!! And how did these animals treat our people that they kidnapped? They beheaded their prisoners. Don’t forget that, folks.

Posted by: IYamWhoISayIYam | February 20, 2009, 8:37 pm 8:37 pm

Fascist Hyena: Appropriate moniker, maybe. WW-II prisoners? They, also, were repatriated, were they not?
All that this Combatant Status Review Tribunal finding means is that the detainee was found in a combat zone and “appeared” to be connected with the enemy. However, if I read this article correctly, Mohamed was picked up in Pakistan by the Pakistani government, who *eventually* handed him over to the U.S. *WE* do not have a “combat zone” in Pakistan! In fact, all we really had on this guy when we received him was that the Pakistanis did not want him around and they “told us” that he was a bad guy.
Sorry. It does not fly.
I am particularly put off by the posting, “DID THEY ACT WITH THE RULE OF LAW WHEN THEY KILLED OVER 3,000 PEOPLE.”
*THEY*??? Who are *THEY*??? If I my neighbor to the south torches my car in my own driveway, do I go over and shoot my neighbor to the north side out of revenge? That seems to be what about 99% of the Repubs on these sites aver!

Posted by: Jordan | February 20, 2009, 8:40 pm 8:40 pm

Lippold, a Senior Military Fellow at Military Families United, called Mohamed’s release “dangerous” and urged the president to reconsider.
“By Mohamed’s classification as an ‘enemy combatant’,” Lippold said, “the United States is aware that he poses a threat to our country and allies. Instead of maintaining him in custody where justice can be served, President Obama is allowing him to be released to the United Kingdom without condition. This presents a danger that he may rejoin the fight to kill innocent civilians.”
*************************
I can’t rely on 3-4 people to judge the guilt or innocence of another person who has been tortured and keep that person in prison indefinitely. Why can’t they prove it? If they could, should we know all of the details? What a quandry.
My gut tells me that we let him go that without the ability prove his guilt, we lose anyway. It looks shady, unjust, dishonest and un-american and unless we hold true to our American values, the terrorists have already won. Yet, trying to say I could sacrifice someone else for my belief is something I have yet to wrap my head around.

Posted by: Shannon | February 20, 2009, 8:43 pm 8:43 pm

There go all liberals coddling the terrorists and their “rights” again. Oh gee, they suffered a little loud music and sleep deprivation. Please, do you people even KNOW what torture is? I suggest you read up on what Saudi Arabia does with regards to torture.
***************************
Why were YOU in Saudi Arabia being tortured? What did you do?
How do YOU know what happened in Gitmo? I read on abcnews.com that some files were missing for some of these prisoners, were they at your house? I can feel your intensity but, what you’ve written doesn’t seem credible.

Posted by: Shannon | February 20, 2009, 8:59 pm 8:59 pm

Jordan, they were repatriated at the cessation of hostilities, as the law provides. Get a clue.
Shannon, the “3-4 people” made no determination of guilt or innocence–they made a determination as to the detainees’ status. Just as the German prisoners’ status was determined by the fact that, unlike these men and in accordance with international law, they wore uniforms and conducted themselves in accordance with the laws of war. If you don’t like the process that has been followed, take it up with the Obama administration, which now has custody of the men and has announced its intention to keep them in custody for the duration of these hostilities. And maybe you can mobilize support for a change to the Geneva Convention that authrorizes their detention. Good luck.

Posted by: Fascist Hyena | February 20, 2009, 9:01 pm 9:01 pm

Those held at Guantanamo Bay are “terror suspects,” not proven terrorists. Many more former detainees were released under the Bush administration.

Posted by: mary | February 20, 2009, 9:03 pm 9:03 pm

For a little more perspective, here’s something I just read from Glenn Greenwald at Slate: “The British government acknowledged that it possessed ‘exculpatory’ evidence — i.e., evidence showing that Mohamed’s confessions were extracted by violently torturing him (including reports it received from the U.S. itself about the circumstances of Mohamed’s interrogations)…”

Posted by: Danny | February 20, 2009, 9:03 pm 9:03 pm

“All that this Combatant Status Review Tribunal finding means is that the detainee was found in a combat zone and ‘appeared’ to be connected with the enemy.”
False. There is no requirement that the detainee be found in a combat zone.
Why you would like to afford these people greater rights than those given to men who fight in uniform is a mystery to me. But at least on this subject Barack Obama and I are in complete agreement.

Posted by: Fascist Hyena | February 20, 2009, 9:04 pm 9:04 pm

“…Mohamed, after being captured in 2002, was flown from Pakistan to Morocco on a Gulfstream V aircraft…”
The real crime here is that the Bush administration flew him around on a private jet. They held him under the guise of “protecting the country”, but they were destroying the planet in the process, leaving behind a carbon footprint larger than the crater at Ground Zero. All of these detainees should be released to make room for climate criminals like Bush, GM and Chrysler,Bush again, dairy cows, people who exhale, and Bush.
Love,
Al Gore

Posted by: Jbmilkman | February 20, 2009, 9:12 pm 9:12 pm

Fascist Hyena: you did not answer my other remark about he Pakistanis picking the guy up IN PAKISTAN where WE DO NOT HAVE A DECLARED COMBAT ZONE! That would be like the Mexicans picking up a Venezuelan national in Baja during WW-II, turning him over to U.S. authorities, and we place him in a POW camp with all the “other” German combatants!
But hey, if the logic fits, use it. Bernie Madoff “made off” with about $50 BILLION in investor funds. “Everybody knows” that Madoff is a staunch Republican. We all know that you and a bunch of other jerks posting here are Republicans, too, so clearly you are ALL in cahoots with Madoff on this scam. Therefore, I propose that we arrest ALL of you, charge you with fraud, lock you all up without trial, and make each and every one of you responsible to repay a $ billion or so!
I mean, it is really just your own stupid “logic” at work! And just think what it will do for the economy!

Posted by: Jordan | February 20, 2009, 9:17 pm 9:17 pm

You all are accepting without question the detainee’s claim of being tortured by the U.S. Evidence? Is this a credible assertion?
The detainees have learned much about the U.S. legal system, media, NGOs, human rights groups, lawyers with political agendas, and exploiting U.S. domestic politics since they arrived at Gitmo. Their jihad continues through manipulation of the law, through publicity, and through an all too credulous media.
Be skeptical. Just as you take whatever the government says with a grain of salt, so too should you cast a dubious eye on anything detainees have to say.
Most of these detainees were captured on the battlefield in wartime conditions. It’s usually pretty clear who the bad guy is when he’s shooting at you. Even then, guilt/conviction is not assumed. Our soldiers really have better things to do then go around scooping up hundreds of people to detain.
In fact, these days they’d rather not have any prisoners at all.
Anon., service members pledge an oath to defend the Constitution, against all enemies foreign and domestic. The Constitution is the covenant between citizens and our government. The Constitution does not confer constitutional rights on everyone all over the entire world.
One of it’s most important precepts is that government’s principle duty is to ensure the security and safety of it’s citizens. I find most service members have a pretty good understanding of the oath, what it means, and who it applies to.

Posted by: emjay | February 20, 2009, 9:25 pm 9:25 pm

ChicagoTeaParty: And extending your logic only slightly, anybody “not like you” is a criminal and should be executed.
What part of “guilt by non-association” do all you creeps NOT UNDERSTAND??? You can’t just go around randomly picking up people because somebody doesn’t “like them”, throwing them in a “detention center”, torturing them and then forgetting all about them for years. That is, unless your name is Cheney, Bush …or Goebbels!

Posted by: Jordan | February 20, 2009, 9:27 pm 9:27 pm

I don’t give a hoot about “proof”!
How many captured Muslim terrorists held in Guantanamo Bay Prison does this make now?
Is Yobama going to release ALL of these terrorist s.o.b.’s?!!!!!
What is our new President’s plan for War on Terrorism going to be?
Maybe he has no plan to fight terrorism here at home.
I knew there was something about him I didn’t trust.

Posted by: Linda | February 20, 2009, 9:30 pm 9:30 pm

“Most of these detainees were captured on the battlefield in wartime conditions.”
What part of “he was picked up in Karachi [that's in Pakistan] by the Pakistani government” did YOU not understand???

Posted by: Jordan | February 20, 2009, 9:30 pm 9:30 pm

Hey Jordan….
Go tell THAT to the families of all those who were murdered in those planes and buildings…..lest we all forget….
9/11/01 NYC

Posted by: Linda | February 20, 2009, 9:33 pm 9:33 pm

“You did not answer my other remark about he Pakistanis picking the guy up IN PAKISTAN where WE DO NOT HAVE A DECLARED COMBAT ZONE!”
Is there something you do not understand about my statement that “There is no requirement that the detainee be found in a combat zone?”
Khalid Sheikh Mohammed was also seized in Pakistan. Should he therefore be released?
This is not exactly rocket science, but allow me to offer a primer concerning those now held at Guantanamo. They fall into three categories:
(1) Those whom we are willing to release, but whose home countries either will not take them or are likely to torture them. (I believe there are about sixty of these.)
(2) Those whom we are not willing to release because they have been found to be dangerous unlawful enemy combatants. They are being held for the duration of hostilities in accordance with international law. They are being held because of their status, and have not been charged with any war crimes.
(3) Those who have war crimes charges pending against them. The military tribuanals which were set to try them were good enough for Abraham Lincoln and good enough for FDR (whose military tribunals executed non-uniformed German enemy combatants), but they are apparently not good enough–yet–for Barack Obama, who hasn’t decided what the hell he is going to do with them. In the meantime, they remain securely locked up at Guantanamo, notwithstanding the ascension of the Messiah to the presidency.

Posted by: Fascist Hyena | February 20, 2009, 9:36 pm 9:36 pm

“That is, unless your name is Cheney, Bush …or Goebbels!”
Or Obama. They’re being held on his watch now, and for good reason (see my immediately preceding post.)

Posted by: Fascist Hyena | February 20, 2009, 9:39 pm 9:39 pm

Hyena: Khalid Sheikh Mohammed was arrested on a criminal want or international warrant as a named wanted party to a crime. He wasn’t just some visiting Ethiopian whom the Pakistani’s wanted to get rid of.

Posted by: Jordan | February 20, 2009, 9:45 pm 9:45 pm

You can’t believe anything these guys say. I doubt if the British watch him after a year. He should be required to frequently register as a parolee; say, once a week.

Posted by: bob | February 20, 2009, 9:48 pm 9:48 pm

Jordan, what of the fundamental point that it is not necessary that an unlawful enemy combatant be found in a combat zone? Six German combatants hanged by FDR were found in the United States? Where on earth did you come up with the cuckoo notion that unless you find them in a combat zone you can’t seize them? Certainly neither Barack Obama nor Eric Holder agrees with you–you’re all alone on that one. And of course Mr. Obama is treating Pakistan as a combat zone, launching Predator zones from sites in Pakistan against targets in Pakistan. Do you maintain that Mr. Obama can lawfully kill people in Pakistan, but cannot take them into custody there?
And just for the record, Bernie Madoff is a Democrat:
“As late as September of this year, Mr. Madoff was still giving generously to his favorite political cause: the Democratic Senatorial Campaign Committee headed by New York Sen. Chuck Schumer. Mr. Madoff contributed $25,000 in September, bringing his total donations to the DSCC to $100,000 over the last three years.”

Posted by: Fascist Hyena | February 20, 2009, 9:56 pm 9:56 pm

“..Governments long established should not be changed for light and transient causes..”Article I;s9,15 ~ “..the writ of habeas corpus shall not be suspended..” Article III:s2,3 “The trial of all crimes..shall be by jury..when not committed within any state, the trial shall be at such place..as the Congress may by law have directed…” Amendment VIII “…nor cruel or unusual punishments inflicted.” Amendment XIV “…nor deny to any person within its jurisdiction the equal protection of the laws.”

Posted by: Spartan Phoenix777 | February 20, 2009, 9:57 pm 9:57 pm

How did WSJ reporter Daniel Pearl die?

Posted by: Remember | February 20, 2009, 10:15 pm 10:15 pm

Fascist Hyena: In war, the entire territory of any nation party to that war (a “belligerent”) is considered a “war zone”, so in fact the German soldiers found on U.S. soil WERE in a “war zone” (not a “combat zone” in this case). Moreover, unless they were wearing their German military uniforms, they could rightly be considered spies or saboteurs (under the Geneva convention) and therefore executed.
The example I gave was of a citizen of one non-belligerent nation picked up by and in the territory of another non-belligerent nation and subsequently transferred into the custody of a belligerent nation and imprisoned as a POW combatant of ANOTHER belligerent nation from which he DID NOT originate at all – which at least attempts to create an analogy of the case at hand.
As far as American attacks inside Pakistan, the Pakistanis have requested that we NOT do that, and so continued such attacks COULD be construed as acts of war against Pakistan itself. In the case where there is an identified person who represents a specific threat and who is already wanted in connection with an international crime, however, there is SOME precedent for taking such action even despite the request of the “host” nation that we not do so. This is the same reasoning used by, for example, Israel in attacking Gaza, Lebanon and the Golan Heights at various times. Pakistan being a very unstable nuclear power, however (and with nuclear rival India so close) it could have grave repercussions.
Bernie Madoff is a red herring meant to demonstrate the utter stupidity of some of the arguments being made here. That you took the statement seriously merely reinforces the argument being made.

Posted by: Jordan | February 20, 2009, 10:16 pm 10:16 pm

Comparing the few shiploads of various “land pirates” to WW II is absurd and way out of context. You honor them by declaring them as a “Grand Armada,” rather than what they really are.

Posted by: Spartan Phoenix777 | February 20, 2009, 10:58 pm 10:58 pm

Jordan’s lengthy disquisition on what he seems to think should be the law comes without citation to any legal authority, and is simply nonsense. Where does he get these daffy notions about “combat zones” and “bellgerent parties” in connection with unlawful combatants?
Do we have the authority to seize and hold pirates, wherever they may be found, or do we have to wait until they show up in some “combat zone” or other?

Posted by: Fascist Hyena | February 20, 2009, 10:58 pm 10:58 pm

Or maybe the pirates have to be seized in a “war Zone.” Go figure.
Why does the Obama administration continue to hold people as unlawful enemy combatants, even though they were not seized in any “war zone” or “combat zone” and even though they have not been charged with any crime? I should think the Messiah and his Attorney General would have ordered their immediate release.
Unless…unless…

Posted by: Fascist Hyena | February 20, 2009, 11:01 pm 11:01 pm

Fascist Hyena: the terms are derived from the Geneva Convention – a document with which you clearly have no familiarity whatsoever.
Beam me up, Scotty. It is Friday and there is obviously little or no intelligent life on this forum!

Posted by: Jordan | February 20, 2009, 11:10 pm 11:10 pm

Here’s some more “change” you can beleive in! ABC News forgot to mention that: “President Barack Obama’s Justice Department sided with the former Bush administration on Friday, saying detainees in Afghanistan have no constitutional rights.
In a two-sentence court filing, department lawyers said the Obama administration agreed that detainees at Bagram Air Base cannot use U.S. courts to challenge their detentions.
After Obama took office, a federal judge in Washington gave the new administration a month to decide whether it wanted to stand by Bush’s legal argument. Justice Department spokesman Dean Boyd says the filing speaks for itself.
It ss not the first time that the Obama administration has used a Bush administration legal argument after promising to review it.
Last week, Attorney General Eric Holder announced a review of every court case in which the Bush administration invoked the state secrets privilege, a separate legal tool it used to have lawsuits thrown out rather than reveal secrets.”

Posted by: the whole story | February 20, 2009, 11:17 pm 11:17 pm

Jordan, the term “war zone” does not appear anywhere in the Geneva Convention Relavite to the Treatment of Prisoners of War. The term “combat zone” appears three times (articles 19, 23, and 47) and in none of those places has anyhing whatsoever to do with anything you have said in this forum.
I am intimately familiar with the convention, having been obliged to observe it on those occasions when I had prisoners in my personal custody.

Posted by: Fascist Hyena | February 20, 2009, 11:23 pm 11:23 pm

They had no right to get into a airplane and use it
as a weapon killing over 3,000 innocent
Americans. I do not understand what the
administration is doing. If we are attacked again
we will know where to put the blame and it will be
on the White House.
Posted by: jewels |
***************************************
So why under the previous administration ,were we hitting Afghanistan then rushing into Iraq, knowing that Iran and Pakistan were always behind this terror? Because Bush wanted to get Hussein in the worse way.
Why have we wasted almost a trillion dollars, over
8 yrs in 2 wars,almost 5,000 young and old
soldiers dead, wounding 20,000 other solders. Why
are we loosing respect between each other in this
country and respect throughout the world. Because
we can’t find Bin Laden? There’s something wrong
with this picture.

Posted by: spacerook1 | February 20, 2009, 11:41 pm 11:41 pm

Who wants to start a fund to purchase a house for this looser? How about we find a house next to Dodd, Reid, Frank or Pelosi…. I am sure he would be a great neighbor….spacerook….lets see Obama promised during his campaign against Hillary that he would bring the troops home is he was elected President. I don’t think sending the troops to Afghanistan bring home the troops. I will bet you that the war in Afghanistan and Pak will cost more than the Iraq war. Besides terrorist are terrorist no matter what country they live in.

Posted by: camp50 | February 21, 2009, 12:16 am 12:16 am

spacerook….we do a very fine job of killing ourselves with drunk drivers… DD’s killed 13,000 in 2007, and I don’t have the numbers of how many were wounded/cripple by the drunk drivers.

Posted by: camp50 | February 21, 2009, 12:19 am 12:19 am

You people are ridiculous. Obama said he wanted to close Guantanimo and he did. That means we have to transport the prisoners out of there. Do you know how much it cost to keep that prison open?? Our economy can’t afford that right now. So there were neighboring countries who have agreed to take some of the prisoners. I believe England and Australia have agreed to take some of them. England is claiming responsibility to watch this guy and I think they know what they’re doing. The guy will not be able to leave England under any circumstances. & I’m sure he’ll be tapped and watched closely. So how’s he going to do anything to us when he’s going to be on complete lockdown in society in England? The only thing he’d be able to do is commit a local crime in England, and I’m sure the English government will be all over his a&& before he could do something like that in their town. So please people get off yourselves and get real!!!!

Posted by: lkinopfl | February 21, 2009, 1:08 am 1:08 am

To a moslem terrorist, if they attacked and you did not attacked back, that is a sign of weakness, and they will attacked you more. If you withdraw or fallback without victory or weakening them, they will follow you and attack you some more.
I am also a witness to a General who they gave a gift of peace and during the signing of the peace treaty, they ambushed and killed him and his men. Hence, be careful in trusting them or siding with them.
Please note that most moslems are good nature and do not advocate killings but Jihad is integrated in their religion and “moslem terrorists” follow this.

Posted by: Anonymous | February 21, 2009, 1:21 am 1:21 am

to the dumbass who think we went into Iraq because “Bush wanted to get Hussein”. The reason we went into Iraq is because the UN didn’t do their job. Saddam agreed to inspections after the first Gulf War and the UN was supposed to inspect. Saddam thwarted these efforts and 16 times the UN warned him and threatened to use force if he didn’t comply. Why didn’t he comply? Because Saddam had under-the-table deals going on with Russia, Germany, and France, and he new that he would in turn be protected by them, and their vote, in the UN. Bush finally decided that the USA would do what the UN should have done.

Posted by: donnie brasco | February 21, 2009, 8:31 am 8:31 am

“Obama said he wanted to close Guantanimo and he did.”
What planet is this guy living on? Obama didn’t close anything at all. He signed an executive order saying it would be closed within a year. He can extend that period with the stroke of a pen any time he wants to. In the meantime, he is discovering that most of these prisoners are extremely dangerous; the few who are not cannot go home; and no other country will accept the ones who are.
Every single person held at Guantanamo has the right to file a habeas corpus petition in the US federal court system if he believes he is wrongly held.
Meantime, the Obama administration has just announced that, like its predecessor, it deems the thousands of prisoners held in Afghanistan and Iraq to be unlawful combatants who have no right of habeas corpus. Meet the new boss; same as the old boss.

Posted by: Fascist Hyena | February 21, 2009, 11:05 am 11:05 am

camp50, the Democratic leadership has more to fear from domestic fascists and their anthrax attacks.
donnie brasco, history has shown that the UN was right and Bush wrong.
emjay, we don’t have to take the detainees word for it, as there is testimony by the guards there as well now.
And finally, Lippold is mislead, there are NO charges against Mohamed.

Posted by: Flash Override | February 21, 2009, 12:06 pm 12:06 pm

If they were killed AFTER they were tortured for information…now that would be ruthless. But America is obviously not so ruthless, hmmm.

Posted by: marie | February 21, 2009, 10:44 pm 10:44 pm

Its remarkable how the Obama Administration and the ACLU seem to care more about the rights of an individual who was part of a group intent on taking US lives and damaging the US as much as was humanly possible. Is this just a continuation of their underlying plans? It remains to be seen….considering the record of the ACLU, I would not be surprised….

Posted by: angus | February 22, 2009, 9:25 pm 9:25 pm

It’s remarkable how some Americans and especially avowed “conservatives” seem to care more about “punishing” someone than about the question of whether that person is actually the guilty party, and are so quick to accuse people of causing us such terrible damage and pain even after the former administration determined that there is no evidence upon which to base such an accusation at court. Is this just a continuation of the ill-considered and misdirected policies of the GOP in the former administration, which abandoned its task of rooting out a real enemy in favor if destroying made-up WMDs and pursuing a personal grudge? It remains to be seen, but considering the record of “conservatives” in blaming their woes upon the wrong people, I would not be surprised…

Posted by: Jordan | February 23, 2009, 2:02 pm 2:02 pm

Im writing this comment in response to Marie. The Obama administration wouldn’t know the constitution if it hit them in the face. Obama apposes our second amendment, the right to keep and bear arms, and quote, Obama says, “the Constitution is an imperfect document, a document that reflects some deep flaws.” Marie do not under any circumstance talk about the document this country was built on if you do not know a thing about what Obamas administration is doing to it. On to the topic about Gitmo, Non US citizens do not have the same rights as citizens do, and other right as protected byt the fith and sixth amendments (you wouldent know about that though marie) especialy terrorist organizations who threaten the US as a nation. For the tourture,it is very necessary to do what ever it takes to get the information we need to keep people like you and I safe Marie. You seem to forget about Nick Berg,and maney other soldiers who died at the feet of terrorists by getting decapitated for this contry, letting these terrorist go completely discredits Nick and all the other soldiers fighting to keep you safe. Next time dont speak unless you know what you talking about Marie.

Posted by: Mark | March 3, 2009, 12:51 pm 12:51 pm

Obama has no power over the detainees. They were never declared POW’s by Bush. Therefore it is the supreme court who decides their fate not the president

Posted by: Karl | March 3, 2009, 7:55 pm 7:55 pm

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