The first Gitmo Appeal

[ChasingBlueSky 0]

For those that care:

http://pacer.cadc.uscourts.gov/common/opinions/200806/06-1397-1124487.pdf

Interesting little quote from it:

Quote

It is undisputed that he is not a member of
al Qaida or the Taliban, and that he has never participated in any
hostile action against the United States or its allies. The
Tribunal’s determination that Parhat is an enemy combatant is
based on its finding that he is “affiliated” with a Uighur
independence group, and the further finding that the group was
“associated” with al Qaida and the Taliban. The Tribunal’s
findings regarding the Uighur group rest, in key respects, on
statements in classified State and Defense Department
documents that provide no information regarding the sources of
the reporting upon which the statements are based, and
otherwise lack sufficient indicia of the statements’ reliability.
Parhat contends, with support of his own, that the Chinese
government is the source of several of the key statements.

Quote

"The government insists that the statements made in the documents are reliable because the State and Defense Departments would not have put them in intelligence documents were that not the case. This comes perilously close to suggesting that whatever the government says must be treated as true, thus rendering superfluous both the role of the Tribunal and the role that Congress assigned to this Court."

Quote

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you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....