A federal judge yesterday barred the Bush administration from transferring a group of detainees from the U.S. military prison in Cuba to the custody of foreign governments without first giving the prisoners a chance to challenge the move in court.
U.S. District Judge Henry H. Kennedy Jr. said he was preventing transfers without advance notice to bar the government from "unilaterally and silently taking actions" to move detainees outside the reach of U.S. courts. The government must give detainees' lawyers 30 days' notice of any proposed transfer, the judge ruled, so their lawyers have time to object.
The judge also chided the Justice Department for arguing it was giving detainees what they had originally requested: freedom from U.S. control at the naval base at Guantanamo Bay, Cuba. About 540 men are held at the prison based on the government's claim that they are enemy combatants or have ties to terrorists. Some have been there for three years.
Details here from Carol D. Leonnig of The Washington Post.