Judge Orders Guantanamo To Release Five Terror Suspects In "Major Blow" To Bush Policy

WASHINGTON — A federal judge on Thursday ordered the release of five Algerians held at Guantanamo Bay, Cuba, and the continued detention of a sixth in a major blow to the Bush administration's strategy to keep terror suspects locked up without charges.
In the first case of its kind, U.S. District Judge Richard J. Leon said the government's evidence linking the five Algerians to al-Qaida was not credible as it came from a single, unidentified source. Therefore, he said, the five could not be held indefinitely as enemy combatants, and should be released immediately.
"To allow enemy combatancy to rest on so thin a reed would be inconsistent with the court's obligation," Leon told the crowded courtroom.
As a result, he said, "The court must and will grant the petitioners and order their release."
As for the sixth Algerian, Belkacem Bensayah, Leon said there was enough reason to believe he was close to an al-Qaida operative and had sought to help others travel to Afghanistan to join the terrorists' fight against the United States and its allies.
One of the men to be released is Lakhdar Boumediene, whose landmark Supreme Court case last summer gave the Guantanamo detainees the right to challenge their imprisonment.
The Algerians' attorneys said they would appeal Bensayah's detention but hugged each other and colleagues in congratulations after Leon's ruling.
"It's a relief," said attorney Robert C. Kirsch.
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