Posted on 7/30/2009, 9:40:24 AM by iowamark
WASHINGTON – A judge who has grown impatient with the Obama administration's handling of a young Guantanamo Bay detainee is preparing to decide whether he'll go home to Afghanistan or to the United States for prosecution.
U.S. District Judge Ellen Huvelle was scheduled to hear arguments Thursday in the case of Mohammed Jawad. He has been held for 6 1/2 years at the U.S. detention facility in Cuba for allegedly wounding two U.S. soldiers and their interpreter by throwing a grenade at their jeep in Afghanistan.
Government attorneys said in court filings Wednesday that they were prepared to release Jawad, but they didn't specify where he would go next. Prosecutors are trying to build a criminal case against Jawad, but in the meantime they also are preparing for the possibility they cannot get a grand jury indictment or that Huvelle compels them to release him.
In the last hearing earlier this month, Huvelle criticized the government's case as an "outrage" that's "full of holes." She encouraged Jawad's release and declined to put off the case even though the government lawyer said she had vacation plans.
"This guy has been there seven years," she said at the hearing July 16. "Seven years. He might have been taken there at the age of maybe 12, 13, 14, 15 years old. I don't know what he is doing there."
Jawad's attorneys say he was only about 12 years old when he was arrested in December 2002, although there aren't records of his birth in a refugee camp in Pakistan so his age is unclear. The Pentagon says a bone scan shows Jawad was older, about 17, when he was arrested....
(Excerpt) Read more at news.yahoo.com ...
http://en.wikipedia.org/wiki/Mohamed_Jawad
“”Sergeant first class Michael Lyons, with Sergeant first class Christopher Martin in the passenger seat and Afghan interpreter Assadullah Khan Omerk[3] in the rear, had just finished an operation in the marketplace and were stopped in traffic, when somebody tossed a homemade grenade through the jeep’s missing rear window.[25]
Both soldiers from the 19th Special Forces were wounded, Lyons in the eye and both feet, and puncturing an eardrum, while Martin escaped with less serious injuries to his right knee, and the Afghan interpreter suffered only minor injuries.[5][8][26][27]
Four American Humvees cordoned off the site of the attack, and Afghan police near the area arrested three men, holding Jawad and Ghulam Saki, while releasing a third suspect. A police officer said that he had seen one throw the grenade, and the other tackled by a fruit vendor as he prepared to throw a second.[27] Jawad would later tell his tribunal that he had been handed devices he didn’t recognise by the men with him, and told to put them in his pocket and wait for their return. When he went into his pocket to purchase raisins from a shopkeeper, he was asked why he had a “bomb” in his pocket - and the shopkeeper advised him to run and throw the two grenades in the river. It was while running toward the river, yelling at people to move aside because he had a bomb, that Jawad alleges he was “caught”.””
Release him. Maybe Obama will put him up in the WH.
Another Clinton appointee showing us why Federal judgeship appointments are the gift that keeps on giving.
I wonder how the judge would view things had the “suspect” thrown a bomb into her car or her courtroom? The suspect and his accomplices should have been shot. The travesty is allowing the liberals to interject themselves into what should have remained a military tribunal. The one point I do have to agree with is that Mr. Mohammad should have been dragged before a tribunal and charged years ago. If they don’t have sufficient evidence against him to try him, releasing him back to the exact spot he was captured in is his only right.
Do not take terrorists alive. It’s that simple. They aren’t in uniform or part of an opposing army, they are terrorists. The only thing that comes of capture is legal and financial problems for everyone involved except the bad guy.
Yes: If they had shot him on the scene there would be no problem.
This guy is Czar material!
...and he was on his way to sing in the choir at the local senior citizen's center, after working all night cleaning streets for the village's beautification project.
Let's run him against Obama in 2012! /sarc>
ps: I'd make sure your life insurance is paid up.
Maybe he can invite him to the White House for a beer.
Not a crime but an act of war. This individual is an enemy of the United States and is not subject to the rights of our legal system.
This is insane.
Judge Ellen Segal Huvelle Judge Ellen Segal Huvelle was appointed to the United States District Court in October 1999. She received a B.A. from Wellesley College in 1970, a Masters in City Planning from Yale University in 1972, and a J.D. from Boston College Law School in 1975. Following law school, she served as law clerk to Chief Justice Edward F. Hennessey of the Massachusetts Supreme Judicial Court. From 1976 until 1984, Judge Huvelle was an associate at the firm of Williams & Connolly and in 1984, she became a partner at that firm. She was appointed Associate Judge of the D.C. Superior Court in September 1990 and served in the Civil, Criminal and Family Divisions until her appointment to the federal bench. Judge Huvelle has been a Fellow of the American Bar Association, a member of the Edward Bennett Williams Inn of Court, and has taught trial practice at Harvard Law School's Trial Advocacy Workshop and at the University of Virginia School of Law.
The sick thing is if they release him he will have a free pass to commit terrorist acts again by the far left. Obviously his detention in Guantanamo justifies his hatred for our country, and I bet if he is ever pulled off a battlefield again the liberals will be making all sorts of excuses on how this was our fault.
Should have got a bullet in the head when he was caught out of uniform throwing grenades in a war zone at uniformed soldiers.
Case closed.
Stinkin “angry” judge over the govt holding a teen age terrorist for 6 1/2 years.....Hey you liberal rat bastard judge, how about getting angry when the little twerp tried to kill our U.S. soldiers. Guess that flies against your socialist pro-uzzlim, anti-American tendencies. The little bastard should have been swinging from a rope long ago. 2nd solution is to release him to you and make you financially accountable that if he bolts, we will make you pay up, say a million so. Socialist black robed liberal thug!!!
She received a B.A. from Wellesley College in 1970
ANOTHER RADICAL LIB RETARD GRADUATE FROM WELLESLY LEZ UNIV
Masters in City Planning from Yale University in 1972, and a J.D. from Boston College Law School in 1975.
MORE RADICAL LIB RETARD SOCIALIST INDOCTRINATION
...served in the Civil, Criminal and Family Divisions until her appointment to the federal bench.
STANDING UP FOR THE ACORN COMMUNITY ORGANIZERS AND RACE BAITING PIMPS
...taught trial practice at Harvard Law School's Trial Advocacy Workshop and at the University of Virginia School of Law
TEACHING A NEW GENERATION OF SOCIALISTS HOW TO HATE & DESPISE AMERICA WHILE GIVING ALLOWANCE TO EVERY PERVERT OR UZZLIM TERRORIST OR ANTI-AMERICAN, ANTI-CHRISTIAN AGENDA
.
He should be released when the war is over.
?? The article says the Obama administration wants to keep him in Gitmo.
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