McClellan, Rove and the Uighers "let go"

It's been a tough day for Dubya he's had "to let go", that plump puffball PR bullshit wizard McClellan, Rove is disappearing before the writs start arriving and The Supreme Court decided not to hear the case of two Chinese Uighurs who have spent four years in Guantanamo for no very good reason. By writ of A certiori they were “cleared” (determined not to be enemy combatants, whatever that means) more than a year ago, but not released because they can’t be sent back to China and no one else wants them.

ON PETITION FOR A WRIT OF CERTIORARI
BEFORE JUDGMENT

There's pages of this stuff but here is the nub of the thing ......

Petitioners are ethnic Uighurs and natives of China. Before September 11, 2001, they received weapons training near Tora Bora, Afghanistan, at a military training facility supplied by the Taliban. C.A. App. 233- 234; Pet. App. 1a. After the September 11 attacks on the United States, Northern Alliance forces approached the military training camp, and petitioners fled with others to the nearby Tora Bora caves. They then fled to Pakistan, where they were captured by Pakistani forces and turned over to the United States military. Pet. App. 1a; C.A. App. 234.

Petitioners were screened by the Department of Defense (DoD) in Afghanistan, determined to be "enemy combatants," and sent to the U.S. Naval Base in Guantanamo Bay, Cuba. C.A. App. 83, 233-234. There, the United States granted each petitioner a hearing before a CSRT to determine whether the detainee should con tinue to be held as an enemy combatant. Id. at 233. For the purposes of the CSRT proceedings, "enemy combatant" was defined as "an individual who was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners." Order Establishing CSRT para. a (DoD July 7, 2004) . "This includes any person who has committed a belligerent act or has directly supported hostilities in aid of enemy armed forces." Ibid. In March 2005, petitioners received CSRT determinations that they should no longer be considered enemy combatants. C.A. App. 233-234; Pet. App. 1a-2a & n.1.1

....... etc etc etc etc

2 As noted above, it is the policy of the United States not to return individuals to countries where it is more likely than not they will be tortured (C.A. App. 205).

The petition for a writ of certiorari should be dismissed for lack of jurisdiction or denied. (i.e we've held these guys we don't want them anymore, no-one else does but we are not going to go through any of that legal flim flam anymore)

Respectfully submitted.

PAUL D. CLEMENT
Solicitor General

PETER D. KEISLER
Assistant Attorney General

DOUGLAS N. LETTER
ROBERT M. LOEB
ERIC D. MILLER
Attorneys ( The guys who add in their Note (2) and hell there are a lot more ... "return individuals to countries where it is more likely than not they will be tortured (C.A. App. 205)." Makes you wonder what the fuck all that flying about by the CIA "front" planes is about then ....