When Judges Run the War on Terror
On Friday, the DC Circuit vacated a judge's order that would have released Guantanamo detainee Mohamedou Ould Salahi, who is accused of recruiting two of the 9/11 hijackers.
Back in March, District Judge James Robertson granted Salahi's habeas petition because the government failed to prove that he still received and executed orders from within al-Qaida's "command structure." This is an example of the predictable mess that ensues when civilian courts run the war on terror. The judge decides that Salahi's detention is justified only if the government can prove that he operated within the "command structure" of al-Qaida. Why? Who knows - judges like bright-line tests - but this one is wholly unsuited to a situation where even intelligence officials struggle to understand the "command structure" of al-Qaida.
The Appeals Court correctly held that requiring the government to prove that Salahi took his orders directly from al-Qaida's command is the wrong standard, and vacated the order. But expect more and more of these types of decisions from counter-terrorism experts wearing robes.
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Aug '10
Re: When Judges Run the War on Terror
Thanks Adam. What is noteworthy I think is that more involvement and direction from the courts in the War on Terror is likely to have the opposite effect of the one intended. Some clearly want more due process open to those accused of terrorism and related crimes. But the executive branch knows it can't let this go too far before its war fighting capabilities are seriously hampered. So for instance, the court says (in Hamdi I think) that courts must hear habeas petitions from prisoners held at Gauntanamo. What is the Obama administration to do? Either release some dangerous characters, or hold more of them at Bagram in Afghanistan or other sites (and do so indefinitely, without entering them in any sore of proceeding that the courts would want to check into). The administration is really at war with itself here.
Jul '10
Re: When Judges Run the War on Terror
In related news, the DC Circuit Court today ruled that the failure of the laundry at the Guantanamo detention facility to provide sharp, consistent creases on detainees' boxer shorts constitutes cruel and unusual punishment.
Jul '10
Re: When Judges Run the War on Terror
Does anyone doubt that this same judge would be able to discern the "command structure" of the Teaparty Movement without help from the government?
Aug '10
Re: When Judges Run the War on Terror
Aug '10
Re: When Judges Run the War on Terror
I imagine that Salahi should be released to his parents, Tareq and Michealle Salahi.
That would put a stop to any more White House gatecrashing and the folks can probably use the help at the polo winery gift shoppe. Plus he could recruit more workers .
And I'm pretty sure the 9th District weighed in on Kenneth's behalf in favor of Sea Island cotton versus the tightly woven Egyptian cotton.