The Supreme Court will decide whether the president can keep detainees in custody even after it acknowledges that they do not pose a threat to the United States. The case, Kiyemba v. Obama, asks whether courts ought to defer to the executive branch and Congress on all matter of detainee disposition. 17 Chinese Uighers were ordered released by a federal judge. 11 remain in custody. Earlier this year, the U.S. Court of Appeals for the District of Columbia Circuit said that courts didn't have the authority to force the U.S. to free the Uighers inside the United States. The court held, in essence, that once the Uigher's habaes corpus petitions were sustained, they became refugees -- aliens of some sort -- and U.S. courts have never had the authority to order the executive branch -- immigration officials -- to admit them legally into the United States.
The Uighers are in a legal no-man's land, then -- if their detention is no longer authorized but their freedom cannot be secured, what in the heck do you with them? The Obama administration's response was: we know there are thorny legalities, but give us time -- let us wrap up the GMTO detention disposals, let us try to get other countries to accept them. Lawyers for the Uighers say that habeas corpus means nothing if, when granted, the court has no available remedy. So under the basic separation of powers doctrine -- under the premise that the Great Writ has real force -- the court must be able to ensure that unlawfully detained prisoners are freed.
Lets put ourselves in the position of these faceless Uighurs, walk a mile if you will. You travel to Afghanistan to continue your quest of global Jihad against the US, o wait, your quest of nominally seperatist activity in China. The US invades and you are captured by roving US forces; Classified as an enemy combatant, extradited to Guantanamo Bay Cuba and most likely tortured to the brink of insansity. The US government then says oops, sorry about that 8 years of confinement. We realize that you are not a threat but weve fucked up so badly we cant release you back to China because you will most likely be executed. But... we cant release you in our country because your probably pretty mad about us torturing you for essentially no reason. So for now were going to hold you indefinitely while this group of 8 old people discuss which Island in the South Pacific will take you in exchange for money from our government.
Ugh, that was tiring, I sure am glad Im an American and dont have to worry about the effects of my governments actions on other human beings lives.
Some diplomats or their staff are more dangerous to us than these Uighurs are, yet not only are they in our country constantly, they are immune from most prosecutions for violating our laws, including criminal behaviour.
These Uighur people were people seeking freedom for their citizens in China who made the mistake of trying to learn how to do that in the wrong country; now we have punished them beyond the pale for a mistake.
We must let them go or we will continue to mix Texas medicine with rail road gin.