U.S. admits it has no case against teen held at Guantanamo

[berniebern]

Source: McClatchy Newspapers

By Marisa Taylo
July 24, 2009

WASHINGTON — The Justice Department conceded Friday that it lacks the evidence to hold a teenage Guantanamo detainee as an enemy combatant after a federal judge last week ruled that his confession was inadmissible.

In a hearing last week, U.S. District Judge Ellen Segal Huvelle ruled that Mohammed Jawad's confession to Afghan officials was inadmissible because it had been extracted through torture. She also questioned whether the Justice Department had any evidence to proceed with a trial to determine whether he can be held as an enemy combatant.

Huvelle called the case an "outrage" and told Justice Department lawyers that their case against Jawad had been "gutted."

"Without his statements, I don't understand your case," she told Justice Department lawyers. "Sir, the facts can only get smaller, not bigger. . . . Face it, this case is in trouble. . . . Seven years and this case is riddled with holes."

Read more: http://www.mcclatchydc.com/homepage/story/72465.html

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Poor man. He's been there for years.

[ixion]

1. this is precisely why the concept of a "unitary executive" is a bad, bad idea

and why the idea of abrogating the Geneva Conventions by calling people "enemy combatants" should never have been tolerated for a minute.

[Downwinder]

2. This was what the framers of the Constitution feared. n/t

[The abyss]

3. Just think…

We, the people, paid for this!

And continue to pay for it over and over again.

“Reset”??

[Amos Moses]

4. Just think

happy thoughts.:patriot:

http://www.youtube.com/watch?v=jd9xU8cw1JE

[flyarm]

7. not near as much as this young man has paid with his young life!

and will pay for it for many years to come..his life has been destroyed!..by us..as we are the government!

It was done to him in our names!

Think of your teenager having this done to him..or your neighbors child..as a teenager under the age of 17 in most states in the USA.. by our own laws ..is a child.

[Vidar]

5. Quick, Obama, dash off another signing statement!

[winyanstaz]

6. not poor man...he was a poor child held for years....

how can he be a man when he has been locked up and tortured for seven years? It will take a long time outside before he is well..poor guy.
I am ashamed of my government for this and for the others we have held with no evidence and tortured.

[flyarm]

8. +1

[earcandle]

9. If this young man has the will to still stand for himself and his rights, somebody ought to offer

some healing and find him sanctuary.

What mean bastards and American Bitches we have become.

http://www.earcandleproductions.com/EETAX.mov

San Francisco's Erase Errata does "Tax Dollar"

[buckrogers1965]

10. Let me get this strait.

We tortured a kid until he confessed to a crime and then used that confession to hold him in prison without a trial for years and years and years?

Tell me again how great America is and how we always stand up for the little guy. Cause it sure doesn't look like we do from our actions.

[kirby]

11. Terrorist?

Dont you think this kid hates America now and will forever hold a grudge and wish for revenge? If he wasnt before, we probably have created a new terrorist.

[bobshin]

12. You have to wonder if this was the goal all along. n/t

[No Elephants]

14. What's one more? We've created thousands upon thousands.

[Piewhacket]

13. Well DUH, like this was a big f*kin surprise to Justice. "Oh shock, how could this BE, judge??"

[No Elephants]

15. He's not out yet.

She then urged the lawyers to "let him out. Send him back to Afghanistan."

Department lawyers, however, signaled they may bring him to the U.S. for a criminal trial.

The lawyers asked a judge to delay Jawad's immediate release to allow criminal investigators to review allegations that he threw a grenade at soldiers. A Justice Department spokesman said late Friday that Attorney General Eric Holder has ordered the investigation be "expedited."

In a statement issued Friday, Justice Department spokesman Dean Boyd said the department had to determine whether it has enough evidence to prosecute him in criminal court.

Jonathan Hafetz, a lawyer with the ACLU's National Security Project, was skeptical that the government could come up with new evidence to prosecute Jawad in federal court.

"They're simply trying to manufacture new ways to prolong his detention," he said.

[Strong Atheist]

16. Welcome to DU!

:toast:

[No Elephants]

17. Let's give this judge some credit.

"Huvelle was appointed Associate Judge of the District of Columbia Superior Court in September 1990 and served in the Civil, Criminal and Family Divisions until her appointment to the federal bench. While serving on that court, she was a lecturer at the University of Virginia School of Law from 1997 to 1999."

Anyone know who appoints judges to the D.C. Superior Court? Anyone? Anyone? Tangerine La Bamba? Anyone?

On edit: Seems as though they get nominated by the POTUS, so I guess Poppy Bush nominated her. Clinton put her on the federal bench, so I'm wondering if the Bush nomination was the result of a deal of some kind, as was Sotomayor's nomination by Poppy.