In Gitmo opinion, two versions of reality

When Judge Henry Kennedy Jr. ordered the release of a Guantánamo Bay detainee last spring, the case appeared to be a routine setback for an Obama administration that has lost a string of such cases. But there turns out to be nothing ordinary about the habeas case brought by Uthman Abdul Rahim Mohammed Uthman, a Yemeni held without charges for nearly eight years. Uthman, accused by two U.S. administrations of being an al-Qaida fighter and bodyguard for Osama bin Laden, is among 48 detainees the Obama administration has deemed too dangerous to release but "not feasible for prosecution." A day after his March 16 order was filed on the court's electronic docket, Kennedy's opinion vanished. Weeks later, a new ruling appeared in its place. While it reached the same conclusion, eight pages of material had been removed, including key passages in which Kennedy dismantled the government's case against Uthman. In his first opinion, Kennedy wrote that one government witness against Uthman had been diagnosed by military doctors as "psychotic" with a mental condition that made his allegations against other detainees "unreliable." But the opinion the public sees makes no mention of the man's health and discounts his testimony only because of its inconsistencies. The alterations are extensive.