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Assocaiated PressJudge orders release of 5 Guantanamo prisonersBy David G. Savage
November 21, 2008
Reporting from Washington -- A federal judge ruled here for the first time Thursday that the Bush administration had no basis for holding several of its long-term prisoners at Guantanamo Bay, Cuba, and he ordered that five of the Algerian natives go free.
The question in the case was whether the men, who lived in Bosnia and had never fought or been near a battlefield, had plotted with Al Qaeda and were planning to fight in Afghanistan. In Thursday's ruling, U.S. District Judge Richard Leon, a Bush appointee, said the government's case was weak because it relied on only one unnamed witness who linked the men to Al Qaeda. They deserve to be released, he said.
"This is a good day for the American justice system," said Robert C. Kirsch, part of a team of Boston lawyers who spent much of the last seven years trying to win the Algerian men their freedom. "They were swept up by mistake. This is remarkable because Judge Leon essentially told the government, you don't have a case and you never had a case against these men."
Leon had earlier decided that the Guantanamo prisoners had no right to seek their freedom in court. The Supreme Court in June overruled that decision in the case of Lakhdar Boumediene vs. Bush and said the Guantanamo prisoners had the right to habeas corpus -- to be heard by a judge. However, despite years of litigation, no prisoner at Guantanamo has been released as a result of a judge's order.
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