A federal appeals court ordered the government yesterday to turn over virtually all its information on Guantánamo detainees who are challenging their detention, rejecting an effort by the Justice Department to limit disclosures and setting the stage for new legal battles over the government’s reasons for holding the men indefinitely.
The ruling, which came in one of the main court cases dealing with the fate of the detainees, effectively set the ground rules for scores of cases by detainees challenging the actions of Pentagon tribunals that decide whether terror suspects should be held as enemy combatants.
It was the latest of a series of stinging legal challenges to the administration’s detention policies that have amplified pressure on the Bush administration to find some alternative to Guantánamo Bay, Cuba, where about 360 men are now being held at the United States naval base.
A three-judge panel of the federal appeals court in Washington unanimously rejected a government effort to limit the information it must turn over to the court and lawyers for the detainees.
The court said meaningful review of the military tribunals would not be possible “without seeing all the evidence, any more than one can tell whether a fraction is more or less than half by looking only at the numerator and not the denominator.”
As you read this, the Powerline, Hugh Hewitt, Michelle Malkin, the crack staff of spineless Bush sycophants at Red State, and Dan Riehl are all furiously googling the members of this appeals court, desperately hoping that one or more of them was appointed by Clinton or Carter so that the ritual smearing can begin. Because, as you know- nothing can get in the way of the Deciders decisions.