By Danny

May 15, 2009 12:50pm

Gitmo Detainee Boumediene en Route to France

Algerian Guantanamo detainee Lakhdar Boumediene, arrested in Bosnia in 2001 and accused of conspiring to bomb the U.S. Embassy in Sarajevo, is currently on a plane to France, where he will be placed in French custody and presumably freed, ABC News has learned.

Last November, a federal district judge ordered Boumediene and four others released, finding the evidence against them not credible.

Boumediene, his wife and their two daughters have all been offered residency in France, according to the French Foreign Minister Bernard Kouchner. When President Obama and French President Nicolas Sarkozy met at Palais Rohan in Strasbourg, France, on April 3, the French leader announced that as part of European efforts to aid the US in closing Guantanamo, France had agreed to accept an Algerian prisoner.

"If we are consistent we take that prisoner," Sarkozy said. "In France, our word is  our bond

Boumediene may be best known for the Supreme Court case Boumediene v. Bush which, consolidated with a separate habeas petition Al Odah v. United States, successfully challenged the legality of Boumediene’s detention and the constitutionality of the Military Commissions Act of 2006.

On June 12, 2008, in a 5-4 ruling, the Supreme Court held that "detainees, under the Constitution, are "entitled to the privilege of habeas corpus to challenge the legality of their detention."

Prosecutors so ordered that evidence had to be presented, the courts found it rather flimsy. Judge Richard J. Leon of Federal District Court wrote that while the US government claimed that Boumediene and five other detainees arrested "had a plan to travel to Afghanistan to engage U.S. and allied forces," the case was far from proven.

For five of the detainees, including Boumediene, the Government "relies exclusively on the information contained in a classified document from an unnamed source," Leon wrote. "This source is the only evidence in the record." Prosecutors had "not provided the Court with enough information to adequately evaluate the credibility of this source’s information."

Leon, a former Republican congressional counsel during investigations into "Iran-Contra," "October Surprise" and "Whitewater," was appointed by President Bush to the bench in 2002. He ruled that "to allow enemy combatancy to rest on so thin a reed would be inconsistent with this court’s obligation; the court must and will grant their petitions and order their release."

As for the sixth detainee, Belkacem Bensayah, Judge Leon found that the government has corroborated its evidence that he "is an al-Qaida facilitator" who intended to travel to Afghanistan to take up arms against the US.

- Jake Tapper and Kirit Radia

User Comments

America is safer today. Can’t you just feel it?

Posted by: Fascist Hyena | May 15, 2009, 1:42 pm 1:42 pm

He’ll wish he were back at Gitmo.

Posted by: mad | May 15, 2009, 1:43 pm 1:43 pm

Fascist Hyena:”America is safer today. Can’t you just feel it?”
Actually yes. Our government is no longer disappearing apparently innocent people. The rule of law is returning. It is actually quite a relief.
Right wingers like to believe their stockpile of guns will protect them from government tyranny. On the left, we like to believe requiring our government to actually follow the law will do the trick. It’s a bit less scary day for the left wingers now.

Posted by: jhw539 | May 15, 2009, 2:01 pm 2:01 pm

Very surprised that they were not given a SECTION 8 House free medical and food stamps in this coutry.
Just like Obama’s illegal AUNT

Posted by: mark | May 15, 2009, 2:14 pm 2:14 pm

“Right wingers like to believe their stockpile of guns will protect them from government tyranny.”
This kind of tripe passes for thinking among some on the left.
Personally, I cling to the Constitution for protection from government tyranny.

Posted by: Foghorn Leghorn | May 15, 2009, 2:27 pm 2:27 pm

Foghorn Leghorn:”Personally, I cling to the Constitution for protection from government tyranny.”
So you support the closing of the Guantanamo Bay prison, whose ONLY reason to exist is to exploit a technical loophole in an attempt to avoid the Constitution. Alcatraz was closed a generation ago; we know how to run a prison well enough now that we don’t need a mote just for security.

Posted by: jhw539 | May 15, 2009, 2:41 pm 2:41 pm

A similar wonderful day was enjoyed in 1924
New York Times headline of December 21, 1924: “Hitler Tamed By Prison; Released on Parole, He Is Expected to Return to Austria.”
The correspondent explains that Hitler, once a demigod for the extreme right, was released on parole from the Landsberg fortress where he had been sent for trying to overthrow the democratic German government in what has come to be known as the Beerhouse Putsch.
“Prison seems to have moderated him. …it was expected that he would abandon public life and return to his native land, Austria.”

Posted by: robertb | May 15, 2009, 2:48 pm 2:48 pm

I thought he was supposed to be released on the streets of America? What happened?

Posted by: Matt | May 15, 2009, 2:49 pm 2:49 pm

Uhh lefties Barack is telling you to look at Gitmo with 200, what is he doing with Bagram?
Keeping the bad guys far away seems a good idea to the rest of us!!

Posted by: robertb | May 15, 2009, 2:51 pm 2:51 pm

I have serious disagreements with many decisions that Obama makes on a daily basis.
But what’s the point of demonizing the guy? He’s our president. The election is over. Just deal with it.
It reminds me of this kid I know, who saw the commercial with the Barbie doll doing gymnastics… she asked her mom for the doll fully expecting it to do gymnastics.
A lot of people seem to have got all caught up in the election rhetoric and all the anti-Obama propaganda… and believe it… Even after he has revealed himself to be a pretty middle of the road president. A bit like Bush, except more thoughtful, a little less rigid, and more focused on the middle and working class.
But, now that the election’s over, you should give up on the propaganda stuff. I mean, even a little girl realizes that Barbie isn’t going to get up and do cartwheels. But you think, somehow, that all the extreme anti-Obama stuff people passed around during election season are going to come true.

Posted by: borneo | May 15, 2009, 2:56 pm 2:56 pm

It’s called cognitive dissonance.
In fact, for many people, holding radically opposed positions like being “pro-torture” and “pro-constitution” ultimately lead them to a blind nationalism.
This is why, an effective tool for modifying behavior is to insist that people observe two contradictory commands. If you have two authority figures, one tells you to sit and the other insists you stand, the average person gets stressed (especially if they are fatigued in some way). It induces regression to a childlike dependence on a paternal figure.
This is the chief problem that a lot of folks have with Obama… he does not come off with the same paternalistic, capricious, authority that is conveyed by someone like a Cheney or Bush. It makes them feel unsafe.

Posted by: borneo | May 15, 2009, 3:06 pm 3:06 pm

borneo:
The Obama administration appears to be pro-constitution and pro-suspension-of-habeaus-corpus for the gitmo detainees.
Are they on a path to blind nationalism or just governing from the middle?

Posted by: Foghorn Leghorn | May 15, 2009, 3:39 pm 3:39 pm

“So you support the closing of the Guantanamo Bay prison, whose ONLY reason to exist is to exploit a technical loophole in an attempt to avoid the Constitution.”
Well, there’s also the coincidental reason that it’s a state-of-the-art prison well suited to handle very dangerous terrorists. And it seems the language of the constitution is a “loophole” if it is something dictating a result you don’t like.

Posted by: Fascist Hyena | May 15, 2009, 3:44 pm 3:44 pm

“Our government is no longer disappearing apparently innocent people.”
How do you know? And is Bagram a loophole?
“The rule of law is returning. It is actually quite a relief.”
Tell that to the secured creditors of Chrysler. And I can just hear you sighing with relief now that you know you’re not going to be disappeared. Whooeee, that was a close one!

Posted by: Fascist Hyena | May 15, 2009, 3:47 pm 3:47 pm

First I’ve heard that Boumedienne was “apparently innocent.” I understood that the evidence was deemed by a district judge to be insufficient to hold him for the duration of the hostilities, which is a far different thing. Of course Mr. Obama is holding hundreds of other men at Bagram who, like Boumedienne, have not been charged with a crime. The evidence against some of them may also be insufficient to hold them, although the Obama administration has opposed granting them the right of habeas corpus, in which case that evidence will never be tested.
The rule of law is returning in strange ways…

Posted by: Fascist Hyena | May 15, 2009, 4:05 pm 4:05 pm

I hope he won’t be allowed to visit the U.S.

Posted by: DontGet818OnMeNow | May 15, 2009, 4:11 pm 4:11 pm

Meanwhile, Ms. Pelosi is about to be flushed down the tube.

Posted by: jcarob | May 15, 2009, 4:13 pm 4:13 pm

I’d make a donation to reduce the national debt for an unedited version of Rahm Emanuel’s reaction to Speaker Pelosi.

Posted by: Foghorn Leghorn | May 15, 2009, 4:20 pm 4:20 pm

I would encourage all of our allies to take a few detainees into their countries..

Posted by: DontGet818OnMeNow | May 15, 2009, 4:25 pm 4:25 pm

..just think of them as exchange students, maybe a few are older and not so interested in school.. but that happens..

Posted by: DontGet818OnMeNow | May 15, 2009, 4:51 pm 4:51 pm

In light of some of the rhapsodies being sung here about the return of the rule of law, I think it is important to take a look at what Judge Bates in D.C. had to say about the prisoners to whom Mr. Obama wanted to deny the right of habeas corpus in Bagram:
“Applying the Boumediene factors carefully, the Court concludes that these petitioners are virtually identical to the detainees in Boumediene–they are non-citizens who were (as alleged here) apprehended in foreign lands far from the United States and brought to yet another country for detention. And as in Boumediene, these petitioners have been determined to be ‘enemy combatants,’ a status they contest. Moreover, the process used to make that determination is inadequate and, indeed, significantly less than the Guantanamo detainees in Boumedienereceived. Although the site of detention at Bagram is not identical to that at Guantanamo Bay, the ‘objective degree of control’ asserted by the United States there is not appreciably different than at Guantanamo.”
Give that paragraph your very closest attention: the process by which it was determined that these men were to be held indefinitely without trial was “significantly less” than the process that had been employed to detain Boumediene. Yet Mr. Obama, with his exquisite devotion to our constitution and the rule of law, would not allow them to challenge the basis for their detention in court until ordered to do so by a federal judge. (It is not known whether Mr. Obama will appeal the judge’s ruling.)
Was Mr. Obama relying on a “loophole” in our constitution?
Note further that Judge Bates’s ruling applies to some, but not all, of the Bagram detainees. The remainder of the poor wretches are being denied habeas corpus as we speak.
On what basis does one distinguish Guantanamo from Bagram (other than that Mr. Obama made a campaign promise about the one but not the other)?

Posted by: Fascist Hyena | May 15, 2009, 4:52 pm 4:52 pm

5 to 1 the French put the guy through counseling of some sort and release him to the street within 6 months. With full benefits, of course.

Posted by: Sigmonde | May 15, 2009, 5:00 pm 5:00 pm

Good riddance to bad trash..It’s the French’s problem now..

Posted by: Parallax View | May 15, 2009, 6:29 pm 6:29 pm

It is surprising that quite a few people here find nothing wrong with flimsy evidence being enough to arrest and hold a person for years.
I’m as concerned about terrorism as the next person but I don’t ever want to let my fear rule over my sense of fairness or justice. That isn’t what my country, the good old U.S.A. stands for.

Posted by: Lydia | May 15, 2009, 6:53 pm 6:53 pm

“It is surprising that quite a few people here find nothing wrong with flimsy evidence being enough to arrest and hold a person for years.”
Take it up with Mr. Obama, Lydia–he’s the one who’s doing the holding now.
You might want to keep in mind that in May, 1945 we had 400,000 German soldiers imprisoned on American soil, many held captive for years. Not one had a right to a trial, a hearing, or even a lawyer. Did they deserve less than Al Qaeda terrorists simply because, unlike terrorists, they wore uniforms and complied with Article IV of the Geneva Convention?

Posted by: Fascist Hyena | May 15, 2009, 8:05 pm 8:05 pm

Thank you France :-)
The Republicans have such cold hearts. I thought when the election was over we could move on. But the Republican don’t what us too. So every day we get reminders of Bush and his supporters. Its going to be like this for a few years and rightly so as they need to be held accountable until the Troops in Iraq are home, the Afghanistan war is over (If Bush didn’t go into Iraq we would have been out of Afghanistan by now) And the deficit Bush and his Republican Supporters created.

Posted by: Bill | May 15, 2009, 9:07 pm 9:07 pm

If we are going to get going on human rights and due process.. we may want to take a quick look at crime and punishment of our own citizens.. there are more than 500 that have had little or no representation.. and are not being treated humanely..
I don’t personally have any experience with this.. I’m just assuming that the odds would prevail.

Posted by: DontGet818OnMeNow | May 16, 2009, 8:09 am 8:09 am

Fascist Hyena, your username belies your comments, which are great.
These so called enemy combantants were kidnapped off the streets of the countries where they lived – peacefully.
I am beginning to wonder if after Obama was inagurated, he was told that he would be allowed to have a few his little programs, but for the most part he’s merely the face that hides the real power. Even Timmeh Geitner is not a regulator, or even a leader. Watch his body language, he is a puppet. The first call he made was to Goldman’s, and yet Obama has the utmost faith in him… which is based on what? The same corrupted bunch are merely shuffled around, new voices and ideas are not brought being brought in.

Posted by: KMansfield | May 17, 2009, 1:02 am 1:02 am

I heard this guy flew coach..in a middle seat..

Posted by: DontGet818OnMeNow | May 18, 2009, 12:33 pm 12:33 pm

It’s an important move and a very courageous decision from France.
Boumediene was found innocent by Republican judge Richard Leon in November 2008. Leon ordered his release. It was only justice to finally comply to that decision. Eventually, it seems that it will finally be possible to judge only some 20 of the more than 200 detainees in Guantanamo, which means that most of those remaining in detention will have to be freed, including on US soil.
So it goes when one creates a system that is unable to judge the guilty (and even to charge them) and to free the innocent, in spite of the use of waterboarding and of many years of imprisonment. Guantanamo is a Republican failure, and this should be repeated again and again so as to recall the inability of the Republicans to fight terrorism in an efficient way.

Posted by: Matt | May 18, 2009, 4:24 pm 4:24 pm

KMansfield, you obviously haven’t seen SWORN congressional testimonty by Micheal Scheuer, who ran the US rendition program at CIA.
During the Clinton admin, CIA regularly sent AQ suspects to Egypt, Morocco and Syria, where they were tortured. (you know, the beating and electrocution kind) and the former admin DENIES IT.
Scheuer also testified under oath that suspects have NEVER been kidnapped…the host country approved the operation and participated in it.
Get your facts STRAIGHT.

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