U.S. judge dismisses Guantanamo prisoner case
Source: Reuters
(Adds reaction from Hamdan lawyer, paragraph 7) By James Vicini WASHINGTON, Dec 13 (Reuters) - A Guantanamo prisoner who won a landmark U.S. Supreme Court ruling in June lost his bid to challenge his detention on Wednesday when a federal judge dismissed the case because of a new anti-terrorism law signed by President George W. Bush. In a victory for the Bush administration, U.S. District Judge James Robertson ruled the law removed federal court jurisdiction over the case of Salim Ahmed Hamdan, a Guantanamo prisoner who was Osama bin Laden's driver in Afghanistan. Hamdan had won a historic Supreme Court ruling that struck down as illegal the military tribunal system created by Bush to try terrorism suspects held at the Guantanamo Bay detention camp in Cuba after the Sept. 11 attacks. That ruling prompted Bush to go to Congress and get authority under the new law that he signed in October authorizing tough interrogation and prosecution of terrorism suspects under a new system of military commissions. Robertson ruled that law strips U.S. federal judges of jurisdiction to hear challenges by Guantanamo prisoners like Hamdan. The detainees, who currently number around 430, do not have the right to challenge their imprisonment in U.S. courts, he said. It was believed to be the first ruling dismissing a case by a Guantanamo prisoner because of the new law. One of Hamdan's lawyers, Charles Swift said: "We respectfully disagree with the lower court's decision. "We believe the Constitution does not tolerate a legal black hole at Guantanamo Bay. We look forward to further proceedings." NOT THE LAST WORD Hamdan, a Yemeni national, was taken into custody by the U.S. military in Afghanistan in November 2001. He has been held at Guantanamo since June of 2002. After Bush signed the Military Commissions Act of 2006 into law, administration lawyers told U.S. judges they no longer have jurisdiction over some 200 cases covering more than 400 prisoners at the U.S. military base at Guantanamo Bay in Cuba. Hamdan's lawyers argued the law does not strip the court of jurisdiction over his pending habeas case, but Robertson disagreed in a 22-page written ruling. Robertson said Congress clearly intended to keep cases such as Hamdan's out of federal courts and that he must dismiss the case because he no longer has jurisdiction to hear it. Robertson said the law, however, may not be the last word by Congress on the issue. Legislation was introduced earlier this month to restore the habeas rights that have been repealed by the law. Robertson said he did not reach Hamdan's other arguments that the law is unconstitutional. He initially had ruled for Hamdan in his challenge to the military tribunals. Lawyers for the Center for Constitutional Rights in New York, which represents a number of other Guantanamo prisoners, denounced the ruling. Deputy Legal Director Barbara Olshansky said, "This is the first time in the history of this country that a court has held that a man may be held by our government in a place where no law applies." A U.S. appeals court is expected to rule soon on whether the law prevents Guantanamo prisoners from challenging their detentions. Any decision likely will be appealed to the U.S. Supreme Court, which would have the final word.
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