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D.C. Appeals Court Rules Against Releasing Guantanamo Detainees to U.S.

By Jeralyn

Bump and Update: News analysis is beginning to come in. Check back for the ACLU and CCR reaction. I'll post as soon as I receive them.

Breaking....the D.C. Circuit Court of Appeals just issued this opinion (pdf) reversing a trial court judge's order that the Uighur detainees must be released into the United States:

The question is whether, as the district court ruled, petitioners are entitled to an order requiring the government to bring them to the United States and release them here.

[More...]

....it “is not within the province of any court, unless expressly authorized by law, to review the determination of the political branch of the Government to exclude a given alien.” Knauff, 338 U.S. at 543. With respect to these seventeen petitioners, the Executive Branch has determined not to allow them to enter the United States.

The critical question is: what law “expressly authorized” the district court to set aside the decision of the Executive Branch and to order these aliens brought to the United States and released in Washington, D.C.?

Apparently, their answer is none.

Full post as published by TalkLeft on February 18, 2009 (boomark / email).