A federal appeals court is allowing Guantánamo guards to resume searching detainees’ genitals on their way to and from legal meetings while the Obama administration challenges a federal judge’s ruling that the searches unfairly impede attorney-client interaction.I'm beginning to think that the Bush/Cheney regime of overt lawlessness is preferable to the protestations by Obama and His Evil Minions™ that they "respect" the rule of law and due process.
The order Wednesday by a three-judge panel at the U.S. Court of Appeals for the District of Columbia Circuit capped 24 hours of legal wrangling: The Justice Department asked a New York lawyer to let guards search her client’s genital area, the lawyer refused and the Southern Command’s top general joined the fray with a sworn declaration that a federal judge got it wrong.
Groin searches aren’t intended to prevent legal meetings, said Southcom’s Marine Gen. John F. Kelly, noting that his Guantánamo soldiers similarly search captives meeting with Red Cross delegates.
Past practice of shaking a captive’s trousers to see if “nails, shanks, ragged scraps of metal” fall out “posed an unacceptable risk to the safety and security of detainees and guards,” Kelly said.
Last week, detainee lawyers persuaded U.S. District Judge Royce Lamberth that the invasive searches, adopted amid a widespread hunger strike, were discouraging some of Guantánamo’s 166 captives from voluntarily leaving their cells for meetings with their lawyers. Lamberth ordered the guards to stop it, and resume the practice of physically shaking the waistband of the pants of a prisoner to see if any contraband comes out.
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In his ruling last week, Lamberth concluded that the motivation for the searches was not to enhance security but to deter the detainees’ access to attorneys by implementing search procedures that are “religiously and culturally abhorrent” to devout Muslims.
Lamberth’s ruling had sought to reset the search procedures to an era before Latif’s death. The judge noted that there was no proof that Latif hid the drugs in his genital area.
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In London, detainee attorney Crider, who works for a non-profit law firm Reprieve, called the refusal to follow Lamberth’s order “contempt of court, pure and simple. Why is it suddenly essential for the government to grope my clients in a way that been off-limits for years?”
Where is the outrage?
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