Oh shit!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[darrels joy]

SCOTUS decision applauded by Obama prompts federal judge to order release into our national capital of 17 Chinese Muslims captured in terrorist training camps in Afghanistan
Posted by: Bill Dyer at 2:58 PM

(Guest Post by Bill Dyer a/k/a Beldar)
Immediately after it was released this summer, Barack Obama applauded the U.S. Supreme Court's 5/4 decision in Boumediene v. Bush, which for the first time extended rights under the U.S. Constitution to foreigners captured and held abroad based on their activities abroad. To reach that result, the Supreme Court had to declare unconstitutional a statute passed by Congress with bipartisan support and signed into law by the president which gave these individuals substantive and procedural rights comparable or superior to those we give to our own sons and daughters in uniform. It also had to ignore and/or mischaracterize decades of prior federal precedents holding that such foreigners had no right to claim the U.S. Constitution's protections through a writ of habeas corpus — essentially extending the protections of the U.S. Constitution to the entire world.

Now as the inevitable consequence of that ruling, seventeen hard-core Islamic jihadists who'd come from their homes in China to train at terrorist camps in Afghanistan — captured there by our armed forces, and held since at Guantanamo Bay — are on the brink of being released this week, not for return to China, but into the general population of our nation's capital, Washington, D.C.:

A federal judge ordered the Bush administration Tuesday to immediately free 17 Chinese Muslims from Guantanamo Bay into the United States, rebuking the government in a landmark decision that could set the stage for the release of dozens other prisoners in Cuba.
U.S. District Judge Ricardo M. Urbina said it would be wrong for the government to continue holding the detainees, known as Uighurs (WEE'-gurz), who have been jailed for nearly seven years, since they are no longer considered enemy combatants. Over the objections of government lawyers who called them a security risk, Urbina ordered their release in Washington D.C. by Friday.
"Because the Constitution prohibits indefinite detentions without cause, the continued detention is unlawful," Urbina said in a ruling that brought cheers and applause from a standing-room only courtroom filled with dozens of Uighurs and human rights activists.

One need not be a constitutional scholar to see the nonsensical premise to Judge Urbina's quoted sentence. He's talking about the United States Constitution. And he's extending its protections to foreigners. That is indeed the appalling logic of Boumediene, and that's why (as I've written often on my own blog) I'm convinced that decision easily ranks among the top five worst decisions in the history of the United States Supreme Court.
These are not "innocent civilians" swept up at random. Rather, they are hard men, Islamic fanatics who left China so they could train in the ways of terror under the approving eyes and example of the Taliban in training camps in Afghanistan. It may well be that these men's main intention once was to become terrorists against the Chinese government, and the Chinese government is indeed eager to "re-patriate" them, meaning to put them into Chinese prisons. But that they may be a danger to China does not mean that they're not also a danger to the United States!
Former federal anti-terrorist prosecutor Andrew McCarthy put this latest national peril into exactly the right context yesterday, apportioning blame appropriately between the courts and the lawyer-driven position of the Administration:

This is the very nightmare scenario I warned about. The courts' steps are outrageous, but predictable and inevitable. A lot of the blame here, however, goes to the administration and the military. They have long taken the position that radical Islamic ideology is not the problem, and that we need only worry about actively those taking up arms against the United States. They don't want us to talk about jihad — the better to keep us in the dark about jihadist ideology. Thus, the government rationalizes, the Uighurs are not a threat to us, only to the Chinese. That was all the daylight the judges need to say: OK, then release them in the U.S., since no other country — except China, where they'd be persecuted — will take them. The government's self-defeating argument is preposterous. Jihadists — and there is not question that the Uighurs are jihadists — do not recognize distinctions based on the Westphalia world of nation-states. In their view, it is Dar al Islam or Dar al Harb: i.e., you are either part of the realm of the Muslims or the realm of war, and the goal is to turn Dar al Harb into Dar al Islam by any means necessary. Releasing trained jihadists into the United States on the theory that their beef is with the Chinese and they have no problem with us would be a delusional act of suicide.

I agree with Mr. McCarthy that to some extent the Bush-43 Administration is to blame for caving in to the Hard Left's viewpoints. But you can guarantee that an Obama Administration will be (a) even more naive in the positions it takes in the courts and (b) absolutely certain to appoint even more expansionist judicial activists eager to extend new rights to our enemies at home and abroad.

— Beldar

[reconeil]

The absurdities daily displayed (actually enforced by law) by America's Left & ALSO asininely undermining Politically-Correct (quite an oxymoron) Courts, in that The U.S. Citizenry's Constitution covers every living & breathing creature on earth (even murderously-avowed enemies),...........................
is ABSOLUTELY AMAZING (logic defying also)!!!

Our Forefathers must be perpetually rolling-over in their graves, since obviously aware that their currently modern counterparts ALSO (re. MANY illegals) just don't know how to read, interpret or understand English. ORRRRRRRRR,...Dem Lords (both Judicial & Legislative) just often pretend not to?

Neil

[darrels joy]

Court Blocks Order to Free Chinese Muslims Held at Guantanamo

Associated Press

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WASHINGTON -- A federal appeals court on Wednesday temporarily blocked a judge's decision to immediately free 17 Chinese Muslims at Guantanamo Bay into the U.S.

In a one-page order, the U.S. Court of Appeals for the D.C. Circuit issued the emergency stay at the request of the Bush administration. The three-judge panel said it would postpone release of the detainees for at least another week to give the government more time to make arguments in the case. The appeals court set a deadline of next Thursday for additional filings but it is up to the judges to decide how quickly to act afterward.

"The decision is quite a blow," said Emi MacLean, an attorney with the Center for Constitutional Rights, which is representing many of the detainees. "We basically have to go to the men after telling them they would be released, and say that their detention is once again indefinite."
"It's hard to believe there is any sense of justice in a situation like that," Ms. MacLean added. "We will continue to argue strongly that the judge's order is meritorious and continues to stand."

The three-judge appeals panel that halted the detainees' release included Judges Karen Henderson and A. Raymond Randolph, both appointees of President George H.W. Bush, and Judge Judith W. Rogers, who was appointed by President Bill Clinton.

The appeals court's move comes after U.S. District Judge Ricardo M. Urbina on Tuesday made a dramatic decision ordering the government to free the detainees by Friday. Judge Urbina said it would be wrong for the Bush administration to continue holding the detainees, known as Uighurs, since they are no longer considered enemy combatants.

The Bush administration had asked the appeals court to block Judge Urbina's order no later than Wednesday. The detainees were scheduled to arrive in Washington early Friday and appear in Judge Urbina's courtroom for release to local Uighur families, who have agreed to help them settle into the U.S.

The Justice Department criticized Judge Urbina's decision as undercutting immigration laws that dictate how foreigners should be brought into the country. It also cited security concerns over weapons training the Uighurs received at camps in Afghanistan. The government says the detainees at the U.S. naval base in Cuba had admitted to receiving weapons training in Afghanistan and were a national security risk.

Such a potential security risk outweighs the inconvenience the detainees might suffer in waiting a while longer at Guantanamo, government lawyers contended.

The Bush administration said it was continuing "heightened" efforts to find another country to accept the Uighurs, since the detainees might be tortured if they are turned over to China. "There are extensive efforts. We oppose the idea of their release here," White House spokesman Tony Fratto said.

Albania accepted five Uighur detainees in 2006 but has since balked on taking others, partly for fear of diplomatic repercussions from China.

Uighurs are from Xinjiang -- an isolated region that borders Afghanistan, Pakistan and six Central Asian nations -- and say they have been repressed by the Chinese government. The Uighur detainees were captured in Pakistan and Afghanistan in 2001.

China has long said that insurgents are leading an Islamic separatist movement in Xinjiang. The Beijing government has repeatedly urged the U.S. to turn the Uighurs over to Chinese authorities.

The case of the Uighurs is among dozens of Guantanamo cases currently being reviewed by federal judges after the Supreme Court ruled in June that foreign detainees at Guantanamo have the right to appeal to U.S. civilian courts to challenge their imprisonment.

Copyright © 2008 Associated Press
http://online.wsj.com/article/SB122354472840718715.html