WASHINGTON – A federal judge today ordered the government to release Guantánamo detainee and American Civil Liberties Union client Mohammed Jawad, who has been illegally detained by the U.S. for almost seven years. The Afghan government has indicated that it is prepared to receive Jawad immediately and unconditionally. U.S. District Judge Ellen Huvelle gave the Justice Department until August 21 to release Jawad from Guantánamo and transfer him to the custody of the Afghan government.
Judge Huvelle also ordered the Justice Department to inform Congress of its plans for returning Jawad to Afghanistan by August 6, and to produce a report on the status of his repatriation by August 24.
The following can be attributed to Jonathan Hafetz, staff attorney with the ACLU National Security Project and one of Jawad's lawyers in his habeas corpus case:
"Judge Huvelle made clear that Mr. Jawad has been illegally detained and the government has no credible evidence to continue holding him. We are pleased that the Justice Department has expressed a commitment to getting him home so that this nightmare of abuse and injustice can finally come to an end."
Now the question becomes, "Will the Feds comply," or like President Andrew Jackson was supposed to have said, will the Obama administration respond, "Judge Huvelle has made her ruling; now let's see her enforce it."
I am really, really, REALLY hoping that we're going to find out that the US Constitution means something to our government here.