Will Judge Rakoff's Ruling on Guantanamo Detainee Information Release Stand?

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In summary, a federal judge has ordered the Pentagon to release the names and nationalities of prisoners detained at Guantánamo Bay, Cuba. This comes after a lawsuit was brought by The Associated Press under the Freedom of Information Act, seeking transcripts of military tribunal hearings for the detainees. The judge rejected the government's argument that this would violate their privacy and expose them to retaliation. It remains to be seen if the Bush administration will find a way to avoid complying with this order.
  • #1
rachmaninoff
A federal judge has ordered the Pentagon to release the names and nationalities of hundreds of prisoners detained at Guantánamo Bay, Cuba, rejecting the government's argument that it would be a violation of their privacy and expose them to retaliation by terrorist groups.

The ruling, issued yesterday by Judge Jed S. Rakoff of Federal District Court in Manhattan, came in a lawsuit brought by The Associated Press in April 2005 under the Freedom of Information Act. The suit sought to force the Pentagon to release transcripts of military tribunal hearings held to determine whether the detainees at Guantánamo had been properly categorized as "enemy combatants."

...In his new ruling, which he described as "final," Judge Rakoff ordered the Defense Department to turn over "unredacted copies" of the transcripts to the news agency.
http://www.nytimes.com/2006/01/24/politics/24gitmo.html?_r=1&oref=login

Will this hold up? It's interesting to watch how FIAA is being used, and thwarted, in this new and especially secretive administration.
 
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  • #2
The Bush administration will find SOME way of avoiding it, just you watch.
 
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I cannot comment on the legality of the ruling or whether it will hold up in court. However, from an ethical standpoint, I believe it is important for transparency and accountability to be upheld, especially in cases where the detainment and classification of individuals is involved. The use of FIAA in this case is a reflection of our society's commitment to freedom of information and the importance of checks and balances in government actions. It is concerning to see attempts to thwart this process, as it can lead to a lack of trust and credibility in our institutions. It is my hope that this ruling will be upheld and that the release of information will shed light on the treatment and categorization of detainees at Guantanamo Bay.
 

1. What is FIAA vs. Guantanamo?

FIAA vs. Guantanamo refers to a legal case brought before the United States Supreme Court in 2008, in which the court ruled that foreign individuals held at the Guantanamo Bay detention facility have the right to challenge their detention through the use of habeas corpus.

2. What is habeas corpus?

Habeas corpus is a legal principle that protects individuals from unlawful detention. It allows individuals to challenge the legality of their imprisonment and request to be brought before a court to determine the reasons for their detention.

3. What is the significance of the FIAA vs. Guantanamo ruling?

The FIAA vs. Guantanamo ruling was significant because it affirmed that foreign individuals held at the Guantanamo Bay detention facility have the same legal rights as individuals held in the United States. It also recognized the importance of due process and the right to challenge detention, even in times of war or national security concerns.

4. How does the FIAA vs. Guantanamo ruling impact Guantanamo Bay detention facility?

The FIAA vs. Guantanamo ruling requires the government to provide a legal process for foreign individuals held at the Guantanamo Bay detention facility to challenge their detention. This may lead to the release of individuals who have been held without charge or trial, and it also requires the government to provide evidence for continued detention.

5. Has the FIAA vs. Guantanamo ruling been implemented?

Yes, the FIAA vs. Guantanamo ruling has been implemented. Following the ruling, the government established a review process for the detainees at Guantanamo Bay and provided them with access to lawyers and the courts to challenge their detention. However, there have been ongoing debates and legal challenges surrounding the implementation of the ruling.

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