17 Chinese Muslim Terrorists to be released into U.S. Can you believe this?
An update to our post yesterday regarding the release of Chinese Muslim terrorists into the U.S. Remember, Barack Obama supported habeas corpus rights for non-U.S. citizens including terrorists held at Guantanamo Bay. John McCain said it was “One of the Worst Decisions in the History of This Country.” With 17 people caught at Afghan terrorist training camps roaming the DC area this weekend, because almost every other country in the world considers them terrorists and won’t allow them into their country, he might be right.
A federal judge today ordered that 17 Chinese Muslims held at the Guantanamo Bay military prison be released into the United States by Friday, agreeing with the detainees’ attorneys that the Constitution bars holding the men indefinitely without cause.
It was the first time that a U.S. court has ordered the release of a Guantanamo detainee, and the first time that a foreign national held there has been ordered brought to the United States.
U.S. District Judge Ricardo M. Urbina issued the landmark ruling in the case of a small band of captives, known as Uighurs, who have been held at Guantanamo for nearly seven years and are no longer considered enemy combatants by the U.S. government.
At a hearing packed with Uighurs who live in the Washington area, Urbina rejected government arguments that he had no authority to order the men’s release. He said he had such authority because the men were being held indefinitely and it was the only remedy available. He cited a June decision by an appellate court that found evidence against the Uighurs to be unreliable.
The Justice Department lawyer asked for a week’s stay but the judge refused. The Uighurs have to be in his courtroom on Friday and he will release them into the custody of Uighur families in the Washington area. The government will appeal.
Now here’s an alternate telling from a source I consider more reliable and sensible, Andy McCarthy at National Review’s Corner:
Judge Ricardo Urbina rejected the government’s arguments that he was without authority to order the release. He reasoned, despite the fact that the Uighurs are non-Americans held outside the United States, that they are vested by the United States Constitution with a right against indefinite detention. The government has been trying to find a country that (a) will take them and (b) will not persecute them. Where in the Constitution it says these aliens have a right to enter the United States and live among our population is not clear.
Note that under the 2005 REAL ID Act, the immigration law grounds for excluding aliens from the United States were expanded to include, among other grounds, the following: If the alien (a) “is a representative of (1) a designated or non-designated terrorist organization; or (2) any political, social, or other group that endorses or espouses terrorist activity”; or (b) “has received military-type training, from or on behalf of any organization that, at the time the training was received, was a terrorist organization.
McCarthy links to an article he wrote right after the Supreme Court’s Boumedienne decision, the one that granted the Guantanamo war prisoners the right to appeal their detentions in federal court. He said in that article:
These guys weren’t out of China on Hajj. They were getting combat training from Islamic militants in Afghanistan. Moreover, many…have been involved in serious incidents at Gitmo, including numerous assaults on U.S. military personnel and participation in riots incited by jihadists.
But, he adds, don’t worry. Judge Urbina thinks they’re suitable neighbors for you.
Update: The White House says:
We are deeply concerned by, and strongly disagree with, today’s decision by a federal district court ordering the release into the United States — by this Friday morning — of 17 Uighurs currently held at Guantanamo Bay.
This decision, we believe, is contrary to our laws, including federal immigration statutes passed by Congress. The Department of Justice intends to seek emergency relief tonight to stay the court’s order and to request a prompt reversal of the order by the Court of Appeals. The district court’s ruling, if allowed to stand, could be used as precedent for other detainees held at Guantanamo Bay, including sworn enemies of the United States suspected of planning the attacks of 9/11, who may also seek release into our country.
Consistent with the safety of our citizens and the safety of the Uighurs themselves, the United States will continue working to find a country to which these men could be transferred.
Update to the update: China says it won’t torture Gitmo detainees On Wednesday, the Court of Appeals for the D.C. Circuit agreed to put off the group’s release for at least another week.
Anyone with common sense, especially one that promotes himself as a leader with the best interests of America would not support habeas corpus rights for non-U.S. citizens like Barack Obama has done. But then I don’t suspect nor think for one moment that he does not know what he is doing.
Yeah, let’s bring em all into our country…open those borders wide for terrorists..they don’t need to like our country to want to be here…Of course, I don’t believe The Obama Messiah has our best interests at heart. No way, Jose!
It is going to be lovely with one party dominating Washington..With the executive branch and the lamest congress in my lifetime…Can’t wait to see who the Supreme Court Judges will be..better hide your guns, and get some cash people. Then we all see the true agenda laid out for us from the ‘say anything’ do anything’ Alinski lovin’ training methods politician to get elected. Lacking in Judgment?…stupid or deliberate would be a better choice of words. Just saying….