Wednesday, November 10, 2004

A Clinton Activist Judge Makes a Bad Ruling on Gitmo Detainees

U.S. District Judge James Robertson, a Activist Judge appointed by Bill Clinton, ruled today the Osama Bin Laden's Driver is not a enemy combatants, but a POW.
In a major blow to the administration's war on terrorism, U.S. District Judge James Robertson stopped the tribunal for Salim Ahmed Hamdan, a Yemeni who allegedly was a chauffeur for al-Qaeda leader Osama bin Laden. Robertson rejected the administration's position that because Hamdan and hundreds of other detainees held at Guantanamo Bay are "enemy combatants," they are not entitled to protections that prisoners of war are given under international law.

Robertson also said the tribunal rules — which allow secret evidence to be presented outside a defendant's presence — are unfair. If the administration does not conduct a POW assessment or change the military tribunal rules, the judge ordered, Hamdan must be tried by a U.S. military court-martial, in which he would have the same rights that U.S. servicemembers get.

Technically, Robertson's ruling applies only to Hamdan, 34, who will not be released. The judge ordered Hamdan moved from a segregated cellblock to the general population at its prison here.

But Neal Katyal, Hamdan's civilian attorney, said the ruling could affect other detainees, especially three who, like Hamdan, face war crimes charges before a tribunal.

Scott Silliman, a law professor at Duke University and a former Air Force lawyer, said the ruling was "a major defeat for the administration. ... This court today has said to the administration: 'Sorry, you are wrong. The Geneva Conventions apply. Period.' "

If the Geneva Conventions apply to their interment, how come it doesn't apply for the capture. An Enemy Soldier is supposed to be in Uniifrom and displaying rank and country. They were not, they could have be shot, and should have been. This is the same Judge that blocked Kenneth Starr in the Whitewater case against Hillary's Buddy Hubbard, and has made other rulings that were not based on the law. It is Judges like him that are allowing criminals to go free and blocking honest proceedings against this Terrorists. He Needs To GO!

Mr Minority