Federal appeals court tosses out lawsuit claiming that Gitmo detainees denied the right to practice Islam

Al-Qaeda directs prisoners always to allege that they were tortured. And denied the right to practice Islam? That picture is seriously at odds with the widely reported touching-the-Qur'an-only-with-kid-gloves dhimmitude of American military personnel.

"Court throws out Islam-based Gitmo claims," by James Oliphant in the Chicago Tribune's Swamp blog (thanks to the Constantinopolitan Irredentist):

A federal appeals court today tossed a lawsuit brought against former Defense Secretary Donald Rumsfeld and other officials by four released British prisoners held at Guantanamo Bay, who alleged that they were tortured and denied the right to practice Islam.

The British detainees–Shafiq Rasul, Asif Iqbal, Rhuhel Ahmed and Jamal Al-Harith–spent more than two years in Guantánamo and were repatriated to the U.K. in 2004.

They brought claims under the federal Religious Freedom Restoration Act, a law passed in the 1990s to prevent government interference with religious practices, arguing that officials at Guantanamo actively prevented worship of Islam by, among other things, tossing a copy of the Quran into a toilet.

They also say they were tortured, beaten and humiliated. They had sought $10 million in damages. A federal trial judge dismissed most of the claims saying U.S. officials couldn't be sued for actions taken in wartime, but the religious act claim and some other claims survived. (A story here in the Tribune took a closer look at the case.)

But in an opinion released Friday Judge Karen Lecraft Henderson of U.S. Court of Appeals in Washington wrote that the religious freedom act does not apply to the Guantanamo detainees because they are not "persons" for the purposes of U.S law.

The three-judge panel also held that the U.S. officials were immune from the torture claims because “torture is a foreseeable consequence of the military’s detention of suspected enemy combatants.” And the panel found that, even if torture and religious abuse were illegal, defendants were immune under the Constitution because they could not have reasonably known that detainees at Guantánamo had any constitutional rights...

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Overall this is a breath of fresh air but does this mean the jihadists at Gitmo now have Constitutional rights?

"A federal appeals court today tossed a lawsuit brought against former Defense Secretary Donald Rumsfeld and other officials by four released British prisoners held at Guantanamo Bay, who alleged that they were tortured and denied the right to practice Islam."

It's a good thing that John Edwards is not a likely candidate for President. He would see to it that the Guantanamo detainees would have the right to sue Rumsfeld and other Bush appointees.

OT;
I wanted to post this before I forget

How Modern Liberals Think

http://www.youtube.com/watch?v=eaE98w1KZ-c

I think it's worth a bit of time.

...John Murtha is pulling his panties tight on this one...

British subjects that I am assuming at this time where caught on either the Iraqi Battlefield, or the Afghanistan Battlefield, how did their case end up in a US federal Court of appeals in the first place anyway??

The article is written so you'd think the court is imposing new draconian rules. In the past we'd have shot these people as illegal combatants where they're found. See what the Union and Rebs did to people who got Sudden Civil War Syndrome.

Greetings:

Once again, the POW calculus:

1) You don't ever want to fight anyone twice;

2) Some POWs may have useful information;

3) Capture, relocation and detention of POWs requires the
use of scarce resources.

I'll do the math.

This is why Huckabee's asinine idea to bring Gitmo detainees into the U.S. is so wrong.

This would be a different result if the detainees here were on U.S. soil. If they were here, they would become "persons" under U.S. law.


Sir Winston Churchill knew Muslims ...
Churchill on Islam
"How dreadful are the curses which Mohammedanism lays on its votaries!
Besides the fanatical frenzy, which is as dangerous in a man as hydrophobia in a dog,

On Hitler:
If a dog makes a dash for my trousers, I shoot
him down before he can bite."

He might have described Guantanamo as :"America's mad dogs home"

I think his Hitler solution makes more sense.


AHHHH-HUH , so they are Muslims after all .

Hooper and CAIR love to deny them the status of Muslims because no TRUE muslim would do anything illegal or break the law while in a non-Muslim Nation.

Recently I have noticed that Ibrihim McFibber now refers to the 9/11 hijackers as Muslims , yet he was asserting that they weren't on 9/12/01 and kept that story going until the other 6.5 billion people on earth stopped believing him just from the sheer evidence and praise by the Muslims in London who exalt the Brave-19 .

Hooper even got rid of his Bell-Hop cap because of the Hijab murders which he insists is a Option and he himself must now display that free will to no wear a head covering.

It's a pretty sad statement about a faith that the most devout followers are in Prisons for crimes they claim are against all that their God stands for.

Just last year it was CAIR canada that boasted over the growing Muslim population in the Prisons, CAIR's press released expressed honour and pride that Correction Canada hired on a Imam
since there were so many Muslims in jail .


Only CAIR would be so stupid to rush forward and take the credit for a disaster like this one where Prisons are showing the highest growth rate for any one sector of the Population in general.

Next comes the press release about how Islam has fewer Honour Killings than the other faiths .

the appeals court could also have read the Al Qaeda manual and section on what the detainees are supposed to do and for bid anymore lawsuit of this type

Alien enemy combatants seeking judicial redress of grievances--Jihad does take many forms now, doesn't it?

Of course, the jihadist is always the victim in all this, he's never the offender, no! It's all oppression of Muslims and wrongs against Islam, right? Necessarily so![??!@%*&^/?

Bush tells us that this enemy has NOTHING to do with Islam, yet our government acknowledges each and every last single terrorist prisoner as Muslim, with our tax dollars being used to give these rats prayer rugs, Koran's and halal foods. A glaring admission and a clear refutation of Bush's stance that these prisoners follow bot Islam, but a vague, 'dark ideology.'

"They also say they were tortured, beaten and humiliated."


Is it just me, or is the word, "humiliated", starting to ring like fingernails on glass. Take away the Qur'ans, and give these guys thesauri.

....the Muslim prisoners do practice in Gitmo...they are just mad because, at Gitmo, they are not able to force their Islamic customs or prayer rituals on anyone...no one is listening....no one cares....Islam thrives when they can force their ways upon you......and they cannot do that in Gitmo...

Bush tells us that this enemy has NOTHING to do with Islam,......

Posted by: Bosch Fawstin at January 12, 2008 1:54 AM

"war on terror" is a phony front behind which, Bush is helping terrorists: http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=52962

I have a bad-feeling sense that our military's "cultural sensitivity" and deference to Islam and to the Quran (as though it's something more than paper, ink, bookpaste, cover and binding) only serve to reinforce Islamic supremacy in the minds of these jihadists.