BREAKING: Judge rules Gitmo detainee must be sent home

By GottaLaff

I've been posting and posting about Jawad. Now, per MSNBC just now, finally, he gets good news. Why? His statements were coerced, he was subject to torture, and his testimony is meaningless.

A judge agreed.

The earliest he can be sent home is August 21, and the Justice Department could still press charges.

A judge ruled today that one of the youngest detainees brought to Guantánamo Bay is being held illegally and must be released.

US district judge Ellen Huvelle's order does not end the case of Mohammed Jawad, however. Deputy assistant attorney general Ian Gershengorn told the judge that as the United States negotiates with the detainee's home country of Afghanistan for his return next month, the US justice department also is pursuing a criminal investigation.

Gershengorn said Eric Holder, the US attorney general, has not yet decided whether to indict Jawad, who allegedly threw a grenade that wounded two US soldiers and their interpreter in December 2002. That means it's possible he could be brought to the United States for a criminal trial.

Huvelle said she had no authority to prevent an indictment, but she encouraged prosecutors to think hard about problems with the case, including Jawad's mental competency to stand trial and the fact that he's already been incarcerated for six and a half years. "After this horrible, long, tortured history, I hope the government will succeed in getting him back home," she said. "Enough has been imposed on this young man to date."

Jawad was 12 when he was arrested.

All my previous posts on this subject matter can be found here; That link includes audio and video interviews with Lt. Col. Wingard, one by David Shuster, one by Ana Marie Cox, and more. My guest commentary at BuzzFlash is here.

If you are inclined to help rectify these injustices: Twitterers, use the hashtag #FreeFayiz. We have organized a team to get these stories out. If you are interested in helping Fayiz out, e-mail me at The Political Carnival, address in sidebar to the right; or tweet me at @GottaLaff.

If you'd like to see other ways you can take action, go here and scroll down to the end of the article.

Then read Jane Mayer's book The Dark Side. You'll have a much greater understanding of why I post endlessly about this, and why I'm all over the CIA deception issues, too.

More of Fayiz's story here, at Answers.com.