Friday, March 11, 2005

A Quasi-Jacksonian Solution


The Pentagon is seeking to enlist help from the State Department and other agencies in a plan to cut by more than half the population at its detention facility in Guantánamo Bay, Cuba, in part by transferring hundreds of suspected terrorists to prisons in Saudi Arabia, Afghanistan and Yemen, according to senior administration officials....

The White House first embraced using Guantánamo as a holding place for terrorism suspects taken in Afghanistan, in part because the base was seen as beyond the jurisdiction of United States law. But recent court rulings have held that prisoners there may challenge their detentions in federal court.

Indeed, the Pentagon has halted, for the last six months, the flow of new terrorism suspects into the prison, Defense Department officials said. In January, a senior American official said in an interview that most prisoners at Guantánamo no longer had any intelligence value and were not being regularly interrogated.

The proposed transfers would represent a major acceleration of Pentagon efforts that have transferred 65 prisoners from Guantánamo to foreign countries.
Reminds me of this:
On March 3, 1832, Chief Justice Marshall handed down the unanimous opinion of the Court. The Cherokee Nation was sovereign. Georgia law no longer applied to the Cherokee. Justice Story wrote “The Court has done its duty. Now let the Nation do theirs.” At some point, Andrew Jackson supposedly said “Marshall made the ruling, let him enforce it."
It seems that the White House has taken my advice, after a fashion.


Judges are still getting into the act:
A federal judge on Saturday prohibited the government from transferring 13 Yemeni prisoners from the military's detention facility at Guantánamo Bay, Cuba, until a hearing could be held on their lawyers' fear that they might face torture if sent to another country.
With results like this:
Authorities have begun legal action against two Frenchmen for alleged terrorist-related activity following their release from the U.S. military prison at Guantanamo Bay, Cuba, judicial officials said Saturday.