In a first, court says military erred in a Guantanamo case
By Marisa Taylor | McClatchy Newspapers
WASHINGTON — A federal appeals court for the first time has rejected the military's designation of a Guantanamo detainee as an enemy combatant.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit overturned as "invalid" a military tribunal's conclusion that prisoner Huzaifa Parhat is an enemy combatant.
The court directed the Pentagon either to release or transfer Parhat or to hold a new tribunal hearing "consistent with the court's opinion."
This is the first time that a circuit court has overruled a finding by a so-called status review tribunal, the Pentagon panel of military officers that determines whether a captive at Guantanamo meets the definition of "enemy combatant."
The ruling could force the government to release Parhat and reassess enemy-combatant designations in other cases. Administration officials have vowed to close Guantanamo someday, but they say they're "stuck" with the 65 or so detainees who've been identified for release but can't be let go because their countries refuse to take them back.
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