Judge OKs Holding Taliban Cook At Gitmo
Federal Judge Rejects Kitchen Assistant's Release Because "An Army Marches On Its Stomach"
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(CBS/AP)
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Interactive Gitmo Tribunals Detainees on trial, photos and a history of the naval base.
U.S. District Judge Richard Leon said that Ghaleb Nassar Al Bihani's work as an assistant cook with Taliban fighters made him an enemy combatant of the United States, nevertheless, and is reason enough for the U.S. military to continue holding him.
"After all, as Napoleon himself was fond of pointing out, `An army marches on its stomach,' " Leon said in issuing the ruling.
Al Bihani is a citizen of Yemen who lived in Saudi Arabia and went to Afghanistan in the spring of 2001 after a sheik issued a fatwa to fight with the Taliban against the Afghan Northern Alliance. He retreated with other Taliban forces after the U.S. began its bombing campaign in October 2001, and eventually surrendered along with other members of his unit and ended up at Guantanamo Bay in 2002.
The case, originally filed as Al Bihani v. Bush, has now automatically been renamed Al Bihani v. Obama since the prisoner claims the president and other military leaders are holding him unlawfully. One of Obama's first acts after taking office last week was to order the Guantanamo Bay prison closed within a year, but it's still undetermined how Al Bihani and the rest of the 244 detainees there will be prosecuted.
Leon said it isn't necessary to fire a weapon against the United States or its coalition partners to be considered an enemy combatant and that Al Bihani's service in feeding the forces is more than enough to fit the definition.
Leon read his ruling in a Washington courtroom with an Arabic translator, while Al Bihani listened on a teleconference from Guantanamo Bay. The line cut off before Leon could finish reading the last few sentences of his decision, including the line about Napoleon, but lasted long enough for Al Bihani to hear that he would not be released.
Al Bihani's public defenders said they would ask for an expedited appeal and would take a rush transcript of the entire ruling down to their client. They said he would be disappointed to hear it.
"He's been locked up for seven-plus years on allegations of being a cook," said attorney Reuben Camper Cahn.
© MMIX The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
- Amazing how the liberals automatically believe the crapola that CBS and AP "journalists" come up with. Then hate America, George Bush, support Iran, Taliban, Chavez, Castro and the worst of the worst the non uniformed enemy combatants at Country Club Gitmo. Here are more facts [ignored by AP/CBS] Kool-Aid drinkers.
http://www.longwarjournal.org/archives/2009/01/the_jihadi_brothers.php - Reply to this comment
- (AP) A Guantanamo Bay prisoner who says he merely cooked meals for Taliban forces and never fired a shot in battle lost his petition to be released Wednesday after being held for more than seven years.
U.S. District Judge Richard Leon said that Ghaleb Nassar Al Bihani''s work as an assistant cook with Taliban fighters made him an enemy combatant of the United States, nevertheless, and is reason enough for the U.S. military to continue holding him.
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Yeah. He might get out and get a job in the senate cafeteria in Washington and poison the whole lot of them. LMAO
You know, this is just ridiculous. The Taliban was in control in Afghanistan and ruled by fear. They murdered people, beat people, women and children, for laughing, for anything. So why would this guy be a terrorist because he cooked for them. He probably didn''t have a choice. Maybe if we had treated him kindly he could go home and tell his friends and relatives that Americans aren''t such bad guys after all.
But no, we torture these people, treat them like animals, and then expect them not to hate us. - Reply to this comment
- This Nation has fallen into a state of despair. It is not because of the lack of jobs, nor is it because of the crime on the streets.
The failure is in the minds of it''s Citizens. Too many are closed minded and easily led around by the ring in their nose because they do not see any further than the ring.
This great Nation was founded on war and was fought only for Independence from England. The saddest part of war comes from the War between the States. We fought our own there. It was brother against brother.
There were wars before and after, but we stilled believed in our Country.
WW1, WW2 and Korea were easy battles though a lose of life because they wore uniforms.
Vietnam became more of a problem because the person trying to kill you was also cutting your hair.
Cut some hair during the day and fire a few RPG''s or an AK-47 at night.
Now tell me, which is mightier the suicide bomber or the fork that sustaines him. Or could it be one in the same? - Reply to this comment
- Dear Sirs: I must protest my imprisonment also. Like the cook "Ghaleb Nassar Al Bihani" I never fired a weapon at an American. My job was only to plan the most effective strikes, not to carry them out. What the Taliban soldiers did with my plans was totally out of my control. My brother "Osama Bin Laden" is also a victim of circumstance. His rhetoric against the occupation by foreign forces was adopted as the "Cause Celebre'' of Al Quaeda and used without his permission.
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- He said he was a cook. He had/Has the hatred against the western forces in Afghanistan to motivate him leave a comfortable living in Saudi Arabia for a Taliban camp in a foreign country. Who is to say this person would have gladly shot at Americans if he were holding a gun or RPG instead of a spoon and a pan.
BTW, walt1944 - U.S. District Judge Richard Leon, the one who made this ruling, was appointed by Bush, your favorite little emperor. - Reply to this comment
- Walt, just out of curiousity how in heavens name would one varify this "cook" captured onthe battle field supporting the taliban "never fired a weapon"?????????????????????????????????? These terrorists use any and all means to kill innocents and soldiers, including suicide missions. So expalin again how you could possibly know this terrorist never fired a weapon!
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- A US(SA) district judge has ruled that a cook for the Taliban is still an "enemy combatant" even though he never fired a gun and merely cooked meals for the Taliban.
This ruling also means that ANYONE who may have done ANYTHING maybe an "enemy combatant" even if they dug latrines or cut Osama Bin Laden''s toenails!!!!
If that kind of thinking had prevailed in 1946-1949 during the Nuremberg War Trials of the 3rd Reich, the Nuremberg trials would still be going on today!!!!
Reminds me of the Joe McCarthy days in the 1950''s and the "RED MENACE!"!!!
HAIL OBAMA!!!! - Reply to this comment
- Leon said it isn''t necessary to fire a weapon against the United States or its coalition partners to be considered an enemy combatant and that Al Bihani''s service in feeding the forces is more than enough to fit the definition.
So bush provided material support when he released the ones fighting us again? Don''t forget our support of the M.E.K. in Iran or MILF (Seriously M I L F ) in the phillipines. one is on the state dept terror list and one is not! - Reply to this comment
- this assistant cook is going to be rich after he sues us. Bush, Cheney and Rummy and co. are in big trouble for war crimes.
http://www. torturingdemocracy.org/ - Reply to this comment
- This judge is an idiot.
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- truly the insanity of America hating, enemy supporting, libs that frequent these posts knows no bounds!
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- The judge must not be aware that the American army no longer marches on it''s stomach, it marches on NO-BID contracts from military industrial complex contractors.
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- With this kind of reasoning then anyone who pumps gas for military personal on a base or anyone doing anything that was previously considered civilian work, is no longer a civilian.
Posted by rudy6543 at 03:27 PM : Jan 28, 2009
Great point, we could add that mothers and grandmothers of soldiers are also to be considered enemy combatants. The insanity of the Bush crime family knows no bounds. - Reply to this comment
- Only in lib fantasy land could they believe that a "cook" for Taliban insurgents captured on a foriegn battle field could somehow be "innocent". LOL!
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- Only in the raving mad crazy world of the Bush crime family could you hold a COOK for 7 years without ever charging them with a crime. Looks like Obama id going to continue the LIE that there is a war on terror. Not the truth that it is all based on the lying B/S of the Bush crime family.
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- signtwo, the attackers that carried out the 911 atttack represented NO SPECIFIC COUNTRY!!!!!!!!! They represent an ideology called RADICAL ISLAM who''s leader is known to the world as Osama Bin Laden. Get it???? Doubt it! That fact makes your argument NONSENSE!
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- WE WERE SUPPOSED TO ATTACK SAUDI ARABIA. ALL THE 911 HIGHJACKERS WERE SAUDI''''S.... NONE OF THEM CAME FROM AFGANISTAN OR IRAQ OR JAMAICA OR FRANCE
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Posted by signtwo at 03:18 PM
An interesting point, because Bush first game Afghanistan an ultimatum. Either they turn over bin Laden or face invasion. But to date, the biggest support for Al Qaeda has been the Saudis, even in Iraq. - Reply to this comment
- With this kind of reasoning then anyone who pumps gas for military personal on a base or anyone doing anything that was previously considered civilian work, is no longer a civilian.
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- greenmidget, what you libs ALWAYS leave out of your terrorist supporting equation is the reasoning behind the "invasion". The war on terror like any war requires fighting the enemy where the enemy lives. It would have been dificult to defeat the Nazi''s without going to Germany. Are you pepole really that ignorant or is your purposeful ommitance of this fact creating the semblance of stupidity and blinding hatred?
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- Posted by greenmidget at 02:48 PM
good post, yer absolutely right.. Why "enemy combatant" instead of "Prisoner of War"??
Its all BS.. The us govt is just trying to save face in front of the world, since we held these people so long without trying them in front of a court, military or otherwise.. - Reply to this comment
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