Seeking to get an appeal panel that has already shown skepticism toward the government’s handling of Chinese Muslim detainees at Guantanamo Bay, lawyers for those 17 prisoners asked the D.C. Circuit Court on Wednesday to assign those same three judges to hear the Bush Administration’s new appeal on the captives’ legal rights. In an emergency motion , the attorneys requested the panel that on June 20 was strongly critical of the government’s reasons for detaining one of those prisoners, ruling that his detention had not been justified and declaring that he was entitled to seek release from Guantanamo. Only that panel, the motion argued, is familiar with the dispute that has now led a federal District judge to order that the 17 individuals be released into the U.S., to live at least temporarily until they could be resettled somewhere other than China. The Justice Department on Tuesday appealed that order and asked the Circuit Court to block it temporarily as it pursues appeals in the lead case, Kiyemba v. Bush (08-5424), and five related cases. The detainees’ counsel are expected to formally oppose a stay of the release order, in papers to be filed at the Circuit Court shortly. The Justice Department asked that Court to act today, and said a stay request would be made in the Supreme Court if the Circuit Court denies one. The Tuesday order by District Judge Ricardo M. Urbina requiring that the 17 Uighurs be brought to Washington sai ...
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