The White House said that dangerous detainees at Gitmo could be walking down your street because of last month's Supreme Court ruling. The truth is though that is very unlikely that would ever happen.
There are 270 detainees left at Guantanamo Bay who have the right to petition federal judges for immediate release.
Yahoo News quotes Dana Perino the White House press secretary as to saying:
"I'm sure that none of us want Khalid Sheikh Mohammed walking around our neighborhoods."
Since the chances of the detainees being allowed on United States soil is unlikely is this just a case of sour grapes? President George Bush strongly disagreed when the Supreme Court ruled that foreigners have the right to seek their release in civilian courtrooms. The court voted 5-4 in favor of the ruling.
While the legal ramifications are not very clear it is still unlikely that a federal appeals court would order a detainee to be released on U.S. soil even if the judge hearing the case deems that the prisoner was detained improperly. The judge can tell the Bush administration to release the prisoner but it would be up to the executive branch as to where the detainee would be sent.
That means if a detainee is walking down Main Street it is because George Bush and Co. told him he was free to wander the 50 states.
Last month after the ruling Attorney General Michael Mukasey predicted detainees would be flooding the court filing their right for freedom. Judges though have been wary of telling the executive branch what to do with the detainees in the meantime.
Last month it was ruled that Huzaifa Parhat, a Chinese Muslim had been improperly declared an enemy combatant. It was decided that Parhat should have a new hearing or be released.
Some experts like Glenn Sumasy believes that this situation requires a new type of court altogether, a hybrid court.
We are in uncharted territory, and we have never had enemy combatants afforded constitutional rights like all of us have, so anybody who thinks that they know exactly what's going to happen if a detainee challenges his detention — his or her detention — in court, they're not being honest because we don't know what's going to happen," Perino said.
"But there is considered judgment, from many federal government lawyers — all the way up to the attorney general of the United States_ that it is a very real possibility that a dangerous detainee could be released into the United States as a result of this Supreme Court decision."
At this time judges at Washington's federal courthouse are trying to quickly process the more than 200 cases dealing with detainees. Each case will require the Justice Department to admit why the detainee is being imprisoned and why they deserve the term of enemy combatant. Defense lawyers think that many cases will have evidence that does not hold up in civilian court.
Some of the cases may be decided as early as September. A hearing is set for Tuesday to decide how to proceed with the oncoming cases.
The White House Warns Detainees May Be Walking Down Main Street
Email
Print
Share
