Saturday, July 21, 2007

And in his cave bin Laden laughs

If future historians ponder the question of why the United States was able to be overcome by primitive savages this story from The New York Times will be exhibit "A" for the case that we were not overcome from the outside, but simply rotted away from the inside:

A federal appeals court ordered the government yesterday to turn over virtually all its information on Guantánamo detainees who are challenging their detention, rejecting an effort by the Justice Department to limit disclosures and setting the stage for new legal battles over the government’s reasons for holding the men indefinitely.

The ruling, which came in one of the main court cases dealing with the fate of the detainees, effectively set the ground rules for scores of cases by detainees challenging the actions of Pentagon tribunals that decide whether terror suspects should be held as enemy combatants.

It was the latest of a series of stinging legal challenges to the administration’s detention policies that have amplified pressure on the Bush administration to find some alternative to Guantánamo Bay, Cuba, where about 360 men are now being held at the United States naval base.

A three-judge panel of the federal appeals court in Washington unanimously rejected a government effort to limit the information it must turn over to the court and lawyers for the detainees.

The court said meaningful review of the military tribunals would not be possible “without seeing all the evidence, any more than one can tell whether a fraction is more or less than half by looking only at the numerator and not the denominator.”

Advocates for detainees have criticized the tribunals since they were instituted in 2004 because the terror suspects held at Guantánamo have not been permitted lawyers during the proceedings and have not been allowed to see much of the evidence against them.

P. Sabin Willett, a Boston lawyer who argued the case for detainees, called the ruling “a resounding rejection of the government’s effort to hide the truth.”

Of course this isn't over. An appeal to the Supreme Court is bound to happen and given the nation's good fortune in having had a president for the past eight years who has made excellent choices of judges there is a very good chance that this ruling will be overturned.