Last week, the Justice Department announced that it’s gearing up to take on hundreds of habeas cases brought by Guantanamo detainees. The DOJ has been instructed to put all other cases aside, and they’re planning to bring on about fifty new attorneys for the cases. The detainees will likely be tried chronologically, starting with who has been held the longest. It’s exciting.

Judge Thomas F. Hogan, the federal judge coordinating the bulk of the estimated 200 GTMO cases on behalf of most of the Washington federal judges, held an historical two hour and 25 minute hearing to address the legal rights of GTMO detainees. As recorded by Lyle Denniston of SCOTUSblog (which is excellent, by the way, Sense of Urgency on Detainees), Hogan remarked: “The government has got to get across the message that we are going to move these cases forward, and not in the normal course of business; this is an extraordinary situation…The government has to set aside every other case pending before them and get these cases moving first….People in all levels of government should understand that.”

The government, however, is asking for eight weeks to clear the lawyers and review and update the evidence against the detainees. This means that it plans to add information to the evidence originally used to justify holding the detainees. Lawyers defending the GTMO detainees oppose this move and so does Hogan. After all, if the evidence was enough to hold the men for six years, why would it suddenly need to be augmented? Good question Judge Hogan.

It will definitely be interesting to see what happens in the upcoming months. DOJ attorneys have already said that one in five detainees is cleared for release, and that they’re looking for an appropriate asylum country for the 54 prisoners. I’m very happy to see action being taken after the Boumediene decision (that gave detainees habeas corpus rights - the right to question their detention). We’re getting on the track to justice, for the victims of terrorist activity and the detainees. Everyone deserves it, so thanks to the courts.

“Justice without force is powerless; force without justice is tyrannical.” - Blaise Pascal (1623 - 1662)

Amy Tan
CTWJ Intern

Tags: Boumediene, detainees, Guantanamo Bay, Judge Hogan, justice, Justice Department, Lyle Denniston, Pascal, SCOTUSblog
admin | Comment »

I’m so happy. The U.S. Supreme Court just ruled that detainees at Guantanamo have a right to file habeas corpus petitions in U.S. courts. (They must have been convinced by the Guantanamo Cell Tour.) I’m happy because this is the best way to determine who should be given a fair trial and who should be released.

I’m unhappy though because the military commissions are still on the books and therefore unfair trials are still in the works. But this ruling is progress. The crucial thing now is to make sure Congress does not try to pass bad legislation in response.

I just looked at Lindsey Graham’s website, and his statement contains this chilling line: “I will also explore the possibility, if necessary, of a constitutional amendment to blunt the effect of this decision when it comes to protecting our men and women in the military and our nation as a whole.”

Can someone, anyone, please present (you can post it right in the comments section of this post) a logical and factual argument that shows why denying people fundamental legal rights makes members of the U.S. military and the U.S. as a whole, safer?

Can someone please also offer a logical and factual argument that shows how torturing people makes members of the U.S. military and the U.S. as a whole, safer?

Otherwise, it’s just rhetoric, plain and simple.

Go ahead, surprise me! My mind is open to being persuaded, but the burden of proof is on you–I’m for following the law.

Counter Terror With Justice!
ZJ

Tags: Boumediene, Bush, constitution, fair trial, guantanamo, habeas corpus, prisoner rights, Ruling, Supreme Court, U.S. policy
caitlin.hamilton | 11 Comments »