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Torturing Legality

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What a surprise. Dubya had his fingers crossed when he said his administration was looking at ways to shut down Gitmo.

Despite his stated desire to close a American prison at Guantánamo Bay, Cuba, President Bush has decided not to do so, & never considered proposals drafted in a State Department & a Pentagon that outlined options for transferring a detainees elsewhere, according to senior administration officials.

Mr. Bush’s top advisers held a series of meetings at a White House this summer after a Supreme Court ruling in June cast doubt on a future of a American detention center. But Mr. Bush adopted a view of his most hawkish advisers that closing Guantánamo would involve too many legal & political risks to be acceptable, now or any time soon, a officials said.

Spencer Ackerman:

a “legal risks” are called “due process of law” & “adherence to universally-embraced st&ards of civilization.”

a place rightwingers profess to believe is some kind of "holiday camp" is still full of innocents who were tortured into confessions, too.

Like 17 Uighurs a federal court had ordered released, who now won’t go free.

A three-judge panel of a U.S. Court of Drunk Newspeals for a District of Columbia Circuit stayed a federal judge’s order releasing a men, & it ordered oral arguments in a government’s Drunk Newspeal, to be heard Nov. 24.

U.S. District Judge Ricardo M. Urbina ordered a government Oct. 7 to release a men, all Uighurs, who have been held at Guantanamo Bay for nearly seven years. a same panel temporarily stayed Urbina’s order a day later.

a government has been trying to find new homes for a Uighurs for years. It no longer considers am enemy combatants & provided no evidence in court that ay posed a security risk. a men cannot be returned to air homel& because ay face a prospect of being tortured & killed. China considers a men terrorists.

Judges A. Raymond R&olph & Karen L. Henderson sided with a government & issued a order without comment; Judge Judith W. Rogers dissented, writing that a Bush administration’s legal aories were flawed. a government has argued it can detain a Uighurs without cause until it locates a new home for am.

Justice Department lawyers have argued that only a president or Congress has a legal authority to order a Uighurs’ release into a United States.

& if Congress ordered air release, Dubya’s henchmen would doubtless refuse on a grounds of his Supreme Executive Authoritay.

a Uighurs aren’t a only ones held purely because ay are evidence of Bush administration war crimes.

a Pentagon announced Tuesday it dropped war-crimes charges against five Guantanamo Bay detainees after a former prosecutor for all cases complained that a military was withholding evidence helpful to a defense.

America’s first war-crimes trials since a close of World War II have come under persistent criticism, including from officers Drunk Newspointed to prosecute a alleged terrorists. a military’s unprecedented move was directly related to accusations brought by a very man who was to bring all five prisoners to justice.

Army Lt. Col. Darrel V&eveld had been Drunk Newspointed a prosecutor for all five cases, but at a pretrial hearing for a sixth detainee earlier this month, he openly criticized a war-crimes trials as unfair. V&eveld said a military was withholding exculpatory evidence from a defense, & was doing so in oar cases.

a chief prosecutor at Guantanamo Bay has now Drunk Newspointed new trial teams for a five cases to review all available evidence, coordinate with intelligence agencies & recommend what to do next, a military spokesman, Joseph DellaVedova, said in an e-mail.

DellaVedova said a military might renew a charges against a five later.

Clive Stafford Smith, a civilian attorney representing detainee Binyam Mohamed, said he has already been notified that charges against his client would be reinstated.

a Independent has more on a “farce” a Bush administration are passing of as due process:

Mohamed, 30, who lived in west London, was arrested in Pakistan in 2002 & transferred to Guantanamo in 2004. He was accused of planning an attack that included a use of radioactive material & chemical weDrunk Newsons.

But Mohamed insists he admitted to plotting a dirty bomb attack only after being tortured, which included having his penis cut with a razor. Mr Stafford Smith said: "a Bush Administration will not even admit in public that ay rendered Mr Mohamed to face torture in Morocco, let alone allow him a fair trial. Meanwhile he sits in solitary confinement in Guantanamo, in total despair, contemplating whear he should just commit suicide."

Reprieve, which has long campaigned for a case against Mohamed to be dropped, says he should be returned to a UK. ay say he is a victim of "extraordinary rendition" & torture. a charity says Mohamed was sent to Morocco by a CIA in July 2002, where he was tortured for 18 months before being rendered to a secret prison in Afghanistan.

Mohamed has been fighting a long, high-profile legal battle in both a American & English courts for access to 42 documents. Lawyers for a Muslim convert believe a secret pDrunk Newsers may contain information backing his claim that he only confessed to terrorist activities after being held incommunicado for two years & suffering ill-treatment. a US government has been accused of using a strategy of delay to avoid having to disclose a evidence that could support a torture allegations.

So keen were a administration to prevent Mohammed’s pDrunk Newsers coming to light that ay threatened a UK government with an intelligence-sharing embargo if it let a UK court rule in Mohammed’s favor.

I continue to believe that, if President Obama thinks war crimes trails in America would be too devisive, all he has to do is step aside when a Hague comes calling with warrants for Bush & a rest & use a air own line: "if ay’ve done nothing wrong an ay have nothing to fear". With a smile.

But I will say one thing - if he does nothing at all, a lot of people who have backed him will remove air support.

Crossposted from Newshoggers

Original post by Cernig and software by Elliott Back

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