Judges Compares Arguments In Guantanamo Case to Nonsense Poem

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The New York Sun

WASHINGTON — A federal appeals court reviewing evidence at Guantanamo Bay compared a Bush administration legal argument to one made by a hapless, dimwitted character in a 19th century nonsense poem by Lewis Carroll.

The U.S. Court of Appeals for the District of Columbia Circuit cited the 1876 poem, “The Hunting of the Snark,” in ruling that the military improperly labeled a Chinese Muslim as an enemy combatant. The ruling was issued last week but an unclassified version of the opinion was released only yesterday.

It was the first time a court has reviewed the military’s decision-making and considered whether a detainee should be held. The ruling provides guidance to federal district judges, who are about to begin reviewing dozens of such cases now that the Supreme Court says detainees can challenge their detention in federal court.

The appeals court said military review panels, known as Combatant Status Review Tribunals, were unable to assess much of the evidence against the detainee, Huzaifa Parhat, and at times treated accusations as evidence.

“The big issue now is, can any CSRT decision survive this kind of scrutiny?” Mr. Parhat’s lawyer, Susan Baker Manning said.

Mr. Parhat is one of a group of Chinese Muslims, known as Uighurs, being held at Guantanamo Bay. Their case has become a diplomatic and legal headache for America, which has tried to find a country willing to accept the Uighurs (pronounced WEE’-gurs) even as it defended its decision to hold them as enemy combatants.

The Justice Department concedes that Parhat never fought against the U.S. and says it has no evidence he was planning to do so. The case hinges on Parhat’s connection to the East Turkestan Islamic Movement, a militant group that demands separation from China. Parhat says he considers China, not the United States, the enemy.


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