AP: Judge Shelves Gitmo Detainee Cases

[Eugene]

Judge Shelves Gitmo Detainee Cases

The Associated Press
Wednesday, January 31, 2007; 8:28 PM

WASHINGTON -- Sixteen lawsuits by Guantanamo Bay detainees were put on hold
Wednesday by a federal judge who said he may no longer have jurisdiction to hear
their cases.

U.S. District Court Judge Reggie B. Walton in Washington said the Military Commissions
Act, signed into law in October, has left him unable to consider whether the detainees
can challenge being held at the Navy facility in Cuba.

An appeals court in Washington is considering whether civilian jurists can rule on those
cases. Until that issue is resolved, Walton said, "it is this court's view that it lacks
the authority to take any action in these cases."

Walton's six-page order denying the motions challenging detention of the 16 men left open
the possibility of refiling the requests if the appeals court decides civilian courts can
review detainee cases.

-snip-

Full article: http://www.washingtonpost.com/wp-dyn/content/article/2007/01/31/AR2007013101867.html

[Geoff R. Casavant]

1. I don't think he has any choice in the matter.

Until he knows how the appeals court shakes out on the issue, he must take the denial of jurisdiction as good law.