Guantanamo/Detainees

470 ABA Journal Guantanamo/Detainees articles.

Afternoon Briefs: Murder charge against 9-year-old tossed; judge bans mystery proceedings

Judge tosses murder charge against 9-year-old boy

A murder defendant cried and hugged his father after Michigan Judge David Tomlinson tossed a murder charge against him Friday. The defendant was…

Federal judge tosses suit by gay lawyer who says his co-counsel outed him to al-Qaida client
A federal judge in Chicago has ruled that a mitigation specialist who worked on the defense team for accused Sept. 11 mastermind Khalid Sheikh Mohammed can’t sue a co-counsel accused of outing him as a gay man to the client.
Breyer says SCOTUS has to decide whether Guantanamo detainees can continue to be held

U.S. Supreme Court Justice Stephen G. Breyer said Monday that the high court should consider whether the Constitution permits continued detention of Guantanamo detainees.

Breyer called for Supreme Court action…

DC Circuit says Guantanamo judge created ‘intolerable cloud of partiality’ and tosses his rulings

On Tuesday, a federal appeals court tossed every pretrial ruling issued in the last 3½ years by a Guantanamo judge in the case of an accused terrorist.

Second judge in a row leaves USS Cole case to join immigration court
This fall, the former judge in a high-profile Guantanamo terrorism case caused controversy by leaving the military in order to become an immigration judge. Another judge was appointed to replace him. Now, the replacement judge is also leaving to become an immigration judge, the Miami Herald reported Monday.
Developments in Guantanamo detainee’s case point to an uncertain future

Substantial developments in the Guantanamo military commission case against Abd al-Rahim al-Nashiri have complicated an already complex and unusual situation.

The ABA Journal featured al-Nashiri’s case in its November…

Legal ethics questions and accusations of spying have stymied Guantanamo terrorism trial

Abd al-Rahim Hussein Muhammad al-Nashiri’s civilian defense team quit. They found a microphone in the room where they met with their client, who is charged in the bombing of the USS Cole. The government says that microphone was never turned on, but thanks in part to a history of spying on defense lawyers at Guantanamo, lawyers didn’t trust those reassurances.

Is controversial Guantanamo judge now an immigration judge? Defense asks to throw out his rulings
A retiring military judge whose handling of a Guantanamo military trial raised eyebrows appears to have been hired as an immigration judge, the Miami Herald reported last Friday.
Democrats want to know whether Kavanaugh had any role in torture and detainee policies under GW Bush

Democrats are seeking files from the George W. Bush administration to learn whether Supreme Court nominee Brett Kavanaugh had any role in formulating policies on the treatment of detainees.

The…

Gitmo military commissions should end or be reformed, says report shared with Congress in ABA letter
A panel of experts in national security and military law recommends either ending or reforming the military commissions being used to try terrorism suspects at U.S. Naval Station Guantanamo Bay, Cuba, according to a report the ABA shared in letters sent to two Congressional committees Tuesday.
DC Circuit orders US to submit information about any attorney-client eavesdropping at Guantanamo

A federal appeals court has ordered the U.S. government to submit classified information about possible attorney-client eavesdropping at Guantanamo Bay.

The appeals court acted in a case filed by two…

Profile in Courage Award-winner to lead ABA Center for Global Programs
A former general counsel to the U.S. Navy who has been honored for his human rights advocacy was named on Monday to be the new director of the ABA Rule of Law Initiative, and will oversee the association's international human rights programs.
Hidden microphone was reason for defense lawyers quitting USS Cole bombing case

The Miami Herald has learned why three civilian defense lawyers resigned from representing their Guantanamo client, the accused mastermind of the bombing of the USS Cole in 2000.

The…

Arrests are a possibility for 2 defense lawyers who quit USS Cole case over classified issue
A Guantanamo judge has ordered prosecutors to draft writs of attachment for two civilian defense lawyers who quit the USS Cole terrorism case over a classified issue involving compromised attorney-client privilege.
Trump praises Gorsuch and highlights judicial picks in his State of the Union speech
President Donald Trump acknowledged Justice Neil M. Gorsuch as he touted his judicial picks in his State of the Union speech on Tuesday.

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