A new court filing by the lawyers for Lakhdar Boumediene and five other Guantanamo detainees suggests that the Bush administration ordered the Bosnian government to arrest and hold the men after an exhaustive Bosnian investigation had found them innocent of any terrorism related activity and had ordered their release, in order to use them as props in Bush's January 2002 State of the Union speech.
The filing--"Lakhdar Boumediene, et al., Petitioners, v. George W. Bush, President of the United States, et al., Respondents, Petitioners' Public Traverse to the Government's Return to the Petition for Habeas Corpus"--lays out the case that the Bush administration threatened at the highest levels to withdraw diplomatic and military aid to the Balkan nation if Bosnia released the men, which its own three-month investigation had found innocent of any terrorism charges in the days leading up to Bush's January 2002 State of the Union.
Faced with the threats of the withdrawal of aid and that if it released the men, the White House would order NATO troops to detain them, Bosnia transferred the men under duress to the custody of the US government in January 2002, and the US transferred them to Guantanamo. Ten days later, in his 2002 State of the Union address, Bush used sixteen words to warn Americans that, in "cooperation" with the Bosnian government, it had captured terrorists who had planned to bomb the US embassy in Sarajevo: "Our soldiers, working with the Bosnian government, seized terrorists who were plotting to bomb our embassy," Bush told the nation.
But, six years later, the detainees' new petition says, after the US Supreme Court has sided with the detainees and ordered the US to give the detainees habeas corpus rights, the Bush administration has failed to repeat the embassy plot charges that Bush used in his State of the Union address, or to produce credible evidence of why the men should be held as enemy combatants.
(Bush also used 16 words to falsely claim in his 2003 State of the Union address that Iraq's Saddam Hussein had sought yellowcake uranium from the African nation of Niger -- a claim the White House had been previously repeatedly warned by the CIA was unfounded and which the White House later admitted Bush should not have said, months after the US invasion of Iraq).
The 58-page traverse petition was filed today in the US District Court for the District of Columbia (.pdf). Some key excerpts from its preliminary statement below the fold: