Judge Who Ordered Release of Uighurs Rules for Another Gitmo Detainee
The federal trial judge who last year ordered the executive branch to release 17 Uighurs held at Guantanamo Bay into the United States – setting off a constitutional power struggle currently before the Supreme Court – decided on Wednesday that detainee Saeed Hatim is also being held unlawfully and should be let go.
Judge Ricardo Urbina gave no reasons for his decision, stating that an unclassified version of his written opinion will be available later.
Hatim, a citizen of Yemen who has been held at Guantanamo for more than seven years, filed a habeas petition in July 2005 seeking his freedom. The government alleges that he trained at a suspect camp in Afghanistan and supported the Taliban by helping to feed its fighters.
In the case of the Uighurs, Judge Urbina berated the government for delaying their release for years after they had been “absolved” of enemy status. Even if the president had “inherent authority to ‘wind up’ wartime detentions” for some period of time, he said, the Uighurs’ then seven-year detention had “already crossed the constitutional threshold into infinitum.”
In that earlier case Urbina criticized the government for “subverting” its own professed diplomatic efforts to resettle the Uighurs by publicly calling the detainees enemies, even though they were not. In this “exceptional” circumstance, he said, “the court’s authority to safeguard an individual’s liberty from unbridled executive fiat reaches its zenith.”
Urbina’s order of release for the Uighurs was blocked by a federal appeals court, after the Bush administration insisted the courts had no authority to demand that Guantanamo prisoners be freed in this country. The detainees, arguing that the Constitution’s guarantee against unjust imprisonment is at stake, persuaded the Supreme Court to agree to take another look and are still waiting for action. The Obama administration has managed to find homes abroad for some of the Uighurs, but it has adopted its predecessor’s stance in the pending case.
ProPublica’s Christopher Flavelle contributed reporting.
Latest Stories in this Project
- Six Claims on Detainee Torture, Skewered
- Hunger Strikes and Indefinite Detention: A Rundown on What’s Going on at Gitmo
- Gitmo Defense Lawyers Say Somebody Has Been Accessing Their Emails
- Censorship Controversy Interrupts Trial of Gitmo Detainees
- Cutting through the Controversy about Indefinite Detention and the NDAA
Get Updates
Our Hottest Stories
- The 182 Percent Loan: How Installment Lenders Put Borrowers in a World of Hurt
- IRS Office That Targeted Tea Party Also Disclosed Confidential Docs From Conservative Groups
- Medicare Drug Program Fails to Monitor Prescribers, Putting Seniors and Disabled at Risk
- On Victory Drive, Soldiers Defeated by Debt
- The Most Important #Muckreads on Rape in the Military
- Everything We Know About What’s Happened Under Sequestration
- The Story Behind Our Hospital Interactive
- Is Obama Delivering on His Promise of a “21st Century” Approach to Drugs?
- Lifting the Veil on Dangerous Prescribing
- FAQ: What You Need to Know About Prescriber Checkup
- IRS Office That Targeted Tea Party Also Disclosed Confidential Docs From Conservative Groups
- The 182 Percent Loan: How Installment Lenders Put Borrowers in a World of Hurt
- Everything We Know About What’s Happened Under Sequestration
- On Victory Drive, Soldiers Defeated by Debt
- Medicare Drug Program Fails to Monitor Prescribers, Putting Seniors and Disabled at Risk
- How the IRS’s Nonprofit Division Got So Dysfunctional
- Is Obama Delivering on His Promise of a “21st Century” Approach to Drugs?
- Intern vs. Mayor: Battle Bares Bloomberg's Argument for Secrecy
- The Most Important #Muckreads on Rape in the Military
- How We Analyzed Medicare’s Drug Data






