Federal Court Hands Terror Detainees & Their Lawyers Another Defeat

The suit filed by 17 Guantanamo Bay detainees seeking release into the United States finally came to an end today, and the result was a decisive victory for the federal government and our national security.  The U.S. Court of Appeals for the District of Columbia dismissed the claims of the detainees, who are ethnic Uighurs, a Turkic Muslim minority in far-west China.  Although military officials determined in 2008 that the Uighurs should no longer be deemed “enemy combatants,” five of them remain in detention at Guantanamo.

The Supreme Court last year agreed to hear the case, Kiyemba v. Obama, and at one point appeared poised to endorse the district court’s determination that the Uighurs were entitled to be released into the United States.  But perhaps because Congress overwhelmingly opposed allowing any Guantanamo detainees to come to the U.S., the Supreme Court in March decided to take a pass.  Instead of ruling on the merits, it vacated the decision of the D.C. Circuit (which had sided with the U.S. government and held that the courts lacked authority to order the Executive Branch to admit aliens into the country) and directed the appeals court to take a fresh look at the case in light of “new developments.”  What had come to light was that five remaining detainees had rejected offers of resettlement in the island nation of Palau and in at least one other nation. Continue reading “Federal Court Hands Terror Detainees & Their Lawyers Another Defeat”

Finger on the Pulse: From Our Blogroll and Beyond

  • Activist law professor masquerading as a senior UN official seeks to tie America’s hands on use of drones against terrorists (New York Times)
  • The “world’s most influential medical journal” is taken to task for shoddy “study” on drug and device whistleblowers (Drug and Device Law Blog)
  • DOJ white collar crime officials continue their scare American businesses speaking tour (FCPA Professor Blog)
  • Congress quickens the pace of the methodical march toward federalization of corporate governance (Professor Bainbridge) (Truth on the Market)
  • “When Law is the Perp”: Guest post by NACDL President (White Collar Crime Prof Blog)
  • Your tax dollars at work: GAO says some new courthouses excessively palatial (WSJ Law Blog)
  • Reasonable people don’t think the berries in Capitan Crunch Crunch Berries are actual fruit, says federal judge in dismissing fraud suit (Lowering the Bar)
  • Debarment from federal contracts in store for those who “violate” Foreign Corrupt Practices Act? (Main Justice)
  • After plaintiffs refuse to provide medical testimony proving illness, state judge tosses 1,400 asbestos claims (Legal Newsline)
  • How sloppy drafting of legislation imperils both due process and punishment of actual criminals (Times Union)