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Court overturns Gitmo prisoner release
[Iran Press TV] A US appeals court has revoked a judge's order allowing the release of a Guantanamo prisoner after spending eight years in the facility without trial.

In March, a lower court judge had ruled Mohamedou Ould Salahi of Mauritania should be freed for lack of evidence that he was involved with the al-Qaeda terror organization, the News Agency that Dare Not be Named reported.

However,
The infamous However...
a three-judge panel of the US Court of Appeals for the District of Columbia said on Friday that the lower court must reconsider the case.

"That court, lacking the benefit of these recent cases, left unresolved key factual questions necessary for us to determine as a matter of law whether Salahi was part of al-Qaeda when captured," wrote Judge David Tatel in an opinion supported by judges David Sentelle and Janice Rogers Brown.
Shouldn't be necessary for the court to determine whether he was part of al-Qaeda. That isn't the role of the court; it's the role of the military and intel agencies that are part of the executive branch, authorized by the legislative branch, which are the only two parts of our country authorized by our Constitution handle these matters.
The United States has accused Salahi of swearing allegiance to al-Qaeda in early 1991 and periodically helping its members over the following decade.

The detainee supposedly was also subjected to harsh interrogation techniques while held by US authorities in the notorious US prison in Cuba.

Following Friday's report, Salahi's lead attorney Theresa Duncan said she was disappointed with the appeals court decision.

The Mauritanian inmate is one of 174 detainees still held at the Guantanamo Bay prison, which US President Barack B.O. Obama had promised to close.
Posted by: Fred 2010-11-08
http://www.rantburg.com/poparticle.php?ID=309257