Federal Judiciary

Gates spared contempt finding

By Akin Gump Supreme Court Practice Group

The D.C. Circuit Court, relying on its recent ruling that is now being challenged in the Supreme Court, refused on Friday to hold Defense Secretary Robert M. Gates in contempt of court for failing to bring about the release of 17 Guantanamo Bay detainees.  In a one-sentence order (found here), the Circuit Court merely cited its Feb. 18 ruling in Kiyemba v. Obama barring the release into the U.S. of the 17, Chinese nationals who are members of the persecuted Uighur sect.

The Kiyemba ruling is now before the Supreme Court in docket 08-1234.  As of now, the Justice Department’s response is due May 7.

That ruling has had a widening impact in both the D.C. Circuit and in District Courts in Washington processing ;Guantanamo detainees’ challenges to their confinement.  The denial of a contempt finding against Gates is the latest effect.  It meant that the detainees’ options of obtaining their release are diminshing, and now appear to depend either upon success in their Supreme Court appeal, or a decision by the Obama Administration to find a way to release them, perhaps into the U.S.

Although the 17 have been cleared of any terrorism suspicion, and thus are eligible for release, they remain at Guantanamo, several months after the Circuit Court found they had a right to be released.

Last month, the Uighurs’ lawyers asked the Circuit Cout to give Gates five days to a arrange their release — presumably, into the U.S., as they cannot safely be returned to their homeland and the U.S. government has yet to find a place elsewhere to re-settle them.  Thus, under a proposed “conditional contempt” citation, Gates could be fined, perhaps as much as $500,000, if a release was not arranged, under the detainees’ motion.

The Justice Department in the Obama Administration resisted the contempt finding, arguing — among other points — that the Circuit Court’s ruling in Kiyemba in February meant that no release was now possible by court order.

The Department had made an assortment of arguments about the Kiyemba ruling in defending Gates, and it was not clear which of those the Circuit Court had in mind in denied the contempt plea.  A post discussing the Department’s defense of Gates can be found here.

Full post as published by SCOTUSBLOG on April 10, 2009 (boomark / email).