Bill Clinton's Guantanamo problem

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You never heard about it? That's not surprising, because Clinton got it taken off the record, eliminating a legal decision from the books. The victims weren't illegal combatants, but poor, black Haitians. Slate reports:

Guantanamo under Clinton produced its own share of suffering and abuses—and perhaps most important for today, the court decision that shut it down was eventually wiped off the books, thanks to legal maneuvers by the Clinton Justice Department. [....]

...the Clinton administration finally shut down the camp and allowed the Haitians to come to the United States. At the same time, though, the administration managed to undo the new precedent recognizing due process rights for foreigners on Guantanamo. In negotiations with attorneys for the refugees, the Justice Department agreed that it would not appeal the ruling, but only if the lower court decision was vacated—that is, erased from the books. The refugees' lawyers agreed to the deal because they feared they would lose if the case went to the Supreme Court, which had already intervened in favor of the government at earlier stages of the litigation. As a result, the judge's landmark decision that due process applies on Guantanamo doesn't exist anymore, technically speaking.

Ed Lasky   12 22 05

You never heard about it? That's not surprising, because Clinton got it taken off the record, eliminating a legal decision from the books. The victims weren't illegal combatants, but poor, black Haitians. Slate reports:

Guantanamo under Clinton produced its own share of suffering and abuses—and perhaps most important for today, the court decision that shut it down was eventually wiped off the books, thanks to legal maneuvers by the Clinton Justice Department. [....]

...the Clinton administration finally shut down the camp and allowed the Haitians to come to the United States. At the same time, though, the administration managed to undo the new precedent recognizing due process rights for foreigners on Guantanamo. In negotiations with attorneys for the refugees, the Justice Department agreed that it would not appeal the ruling, but only if the lower court decision was vacated—that is, erased from the books. The refugees' lawyers agreed to the deal because they feared they would lose if the case went to the Supreme Court, which had already intervened in favor of the government at earlier stages of the litigation. As a result, the judge's landmark decision that due process applies on Guantanamo doesn't exist anymore, technically speaking.

Ed Lasky   12 22 05