Word: detainers
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...Immigration officials may have charged that Posada posed a real threat to the U.S., but Magistrate Norbert J. Garney ruled those findings insufficient to continue detention because of a 2001 Supreme Court ruling that ICE cannot detain people with immigration violations for more than six months unless the government deems the individual to be a danger or proves there are special circumstances. Garney, who works in the U.S. District Court in El Paso, where Posada now sits in detention, placed Posada's fate firmly in the hands of U.S. Attorney General Alberto Gonzalez. According to Garney, Posada can remain...
...ruling, Garney simply stated, "Certification by the Attorney General is required for aliens detained either on account of serious adverse foreign policy consequences or on account of security or terrorism concerns." Nor did the government detain Posada under any "special circumstances" that, under the Patriot Act, would have allowed prolonged detention beyond the six months established previously by the Supreme Court. Many observers viewed the fact that Garney issued his ruling on September 11 as a not-so-subtle rebuke of the Bush Administration, which he seems to feel is saddling the courts with a job that is really...
...without trial. American colleagues have been fighting identical battles. Those cases were won, but the status quo remains the same. But how do we balance the protection of human rights with the need to curb terrorism? There is every mechanism already available to the state to properly detect and detain and investigate. What is not just unacceptable, but plain wrong, is to say that a person suspected of terrorism deserves the rule book being torn up - basically a retreat to medieval rack and thumbscrew, and that's what Guantánamo is all about. Haven't the threats changed? These...
...Meanwhile, police in London Wednesday were granted by the courts more time to question the suspects in their custody, who include at least one woman. New powers granted under the 2006 Terrorism Act allow the police a maximum of 28 days to detain the suspects without charge, subject to request. Some 46 properties and 20 vehicles have already been searched and vast swaths of woodland near High Wycombe, scene of six of the first wave of arrests, are currently being combed for evidence of stashed explosives...
...Guantánamo as a font of intelligence is a dubious notion, for the value of information obtained under torture is highly questionable. Believing that useful information can still be gleaned from some of the detainees after four years is as stupid, arrogant and shameful as continuing to detain those no longer facing regular questioning. But then Guantánamo has more to do with blind revenge and the display of unlimited power than with obtaining justice. The best way for Americans to fix Gitmo would be to close it and return Guantánamo Bay, a remnant of colonial...