WASHINGTON - A Guantanamo prisoner who won a landmark US Supreme Court ruling in June lost his bid to challenge his detention on Wednesday when a federal judge dismissed the case because of a new anti-terrorism law signed by President George W. Bush.Heh.
In a victory for the Bush administration, US District Judge James Robertson ruled the law removed federal court jurisdiction over the case of Salim Ahmed Hamdan, a Guantanamo prisoner who was Osama bin LadenÂ’s driver in Afghanistan.
More than just a driver, but let's not dwell on that.
Hamdan had won a historic Supreme Court ruling that struck down as illegal the military tribunal system created by Bush to try terrorism suspects held at the Guantanamo Bay detention camp in Cuba after the Sept. 11 attacks. That ruling prompted Bush to go to Congress and get authority under the new law that he signed in October authorizing tough interrogation and prosecution of terrorism suspects under a new system of military commissions.
An authority granted by substantial majorities in both houses, but you didn't hear that from me.
Robertson ruled that law strips US federal judges of jurisdiction to hear challenges by Guantanamo prisoners like Hamdan. The detainees, who currently number around 430, do not have the right to challenge their imprisonment in US courts, he said.
It was believed to be the first ruling dismissing a case by a Guantanamo prisoner because of the new law.
And there won't be any more until this goes back to the Supremes.
One of Hamdan’s lawyers, Charles Swift said: “We respectfully disagree with the lower court’s decision. “We believe the Constitution does not tolerate a legal black hole at Guantanamo Bay. We look forward to further proceedings.”
Knock yerself out counseler, you're spending the public's money.
HamdanÂ’s lawyers argued the law does not strip the court of jurisdiction over his pending habeas case, but Robertson disagreed in a 22-page written ruling. Robertson said Congress clearly intended to keep cases such as HamdanÂ’s out of federal courts and that he must dismiss the case because he no longer has jurisdiction to hear it.
Robertson said the law, however, may not be the last word by Congress on the issue. Legislation was introduced earlier this month to restore the habeas rights that have been repealed by the law.
Thanks Senator Leahy. Good luck trying to get that through, but we'll be sure to keep all the C-SPAN recordings for the 2008 election.
Robertson said he did not reach HamdanÂ’s other arguments that the law is unconstitutional. He initially had ruled for Hamdan in his challenge to the military tribunals.
A US appeals court is expected to rule soon on whether the law prevents Guantanamo prisoners from challenging their detentions. Any decision likely will be appealed to the US Supreme Court, which would have the final word.