The Associated Press is reporting this afternoon that a federal judge has ordered the release of a Guantanamo Bay detainee without explaining why. From the article:
U.S. District Judge Ellen Segal Huvelle issued a one-page judgment Tuesday ordering the release of Yasin Muhammed Basardh, a 33-year-old from Yemen.
The judge didn’t explain in the ruling why Basardh should be let go, but said it was explained during a closed hearing in her courtroom earlier in the day.
Basardh has been fighting in court for four years to be released. The United States had argued that he was an enemy combatant and therefore being legally held at Guantanamo, but the specifics of his case were kept classified and sealed in court filings.
As much as this is a problem, it is certainly not an unforeseeable one. Also equally unforeseeable was the executive order signed by Barack Obama which ordered the closure of the detainee facility within a year, though the lack of direction as to what would be done with the detainees themselves was a little startling.
If these terrorists are released from Guantanamo and placed in prisons here in the United States, they will be allowed the same rights that American citizens enjoy, and will see trial in American courts. This will undoubtedly open the door for ACLU types to hone in on evidentiary and other problems — it won’t take long for some hippie to argue that a particular detainee’s Fifth Amendment privilege against self-incrimination was violated because he wasn’t properly Mirandized upon being picked up in a cave along the Afghani-Pakistani border.
And, depending upon a particular judge’s interpretation of our Constitution and preconceived notion of whether constitutional rights apply to people who’d like nothing more than to see the United States burn, we might see an instance where an enemy combatant is set free with little or no reason given. Now, I’m not saying that this was the case, but the Hon. Ellen Segal Huvelle isn’t exactly a raging conservative.
Judge Huvelle’s only campaign donation on the record was $775 given to Michael Dukakis’ presidential committee in May of 1988. Her husband, however, a labor lawyer working for Washington, D.C. firm Covington & Burling LLP, has a 15-year history of donations made to Democrats.
- $500 to Friends of Sen. Joe Lieberman in October 1993
- $500 to the Committee for a Democratic Majority in October 1996
- $500 to Sen. Ted Kennedy in October 1996
- $400 to Sen. Joe Lieberman in December 1999
- $500 to Hillary Clinton’s senatorial campaign committee in February 2000
- $250 to Friends of Hillary Clinton in December 2001
- $2000 to John Kerry for President in March 2004
- $400 to the Democratic National Committee in September 2004
- $2000 to the Democratic National Committee in October 2004
- $500 to the Democratic National Committee in March 2005
- $250 to the Democratic National Committee in May 2006
- $500 to Jim Webb (Virginia) for U.S. Senate in September 2006
- $500 to Jon Tester’s (Montana) U.S. Senate campaign in September 2006
- $500 to Harold Ford Jr.’s (Tennessee) congressional campaign in September 2006
- $500 to Friends of Sherrod Brown (Ohio) in October 2006
- $1000 to Jon Tester’s U.S. Senate campaign in October 2006
- $2100 to Claire McCaskill’s (Missouri) U.S. Senate campaign in October 2006
- $1000 to Harold Ford Jr.’s campaign in October 2006
- $600 to Harold Ford Jr.’s campaign in October 2006
- $500 to Friends of Sherrod Brown in October 2006 (again)
- $8000 to Harold Ford Jr.’s campaign in November 2006
- $1000 to Hillary Clinton for President in December 2007
- $2300 to Obama For America (primary) in December 2007
- $2300 to Obama Victory Fund (primary) in July 2008
- $2300 to Obama For America (general) in July 2008
- $5000 to Obama Victory Fund in October 2008
Now, let me be perfectly clear — the political donations above were made by Judge Huvelle’s husband. And, as we can see from couples like Mary Matalin and James Carville, husbands and wives do not always have similar political beliefs. Furthermore, Judge Huvelle is an accomplished District Court judge, and nothing I’ve seen, heard or read would make me assume that she is anything but equitable. In fact, I’ve read a few of her decisions and each came across as being apolitical, well-written, well-thought-out, and fair. Actually, her decision in a 2001 consumer privacy-related case was downright fantastic.
Instead, the point I’m trying to make is that this should be an example of what could happen, how the Obama administration’s short-sightedness with regard to the threat from radical Islam could cost America dearly. I’m not certain of the reasons why Judge Huvelle released this Yemeni man. There very well could have been great reason. What I am sure of, though, is that releasing these people into the United States brings with it a host of unforeseen consequences — and we’re better off not taking that chance at all.