Guantanamo/Detainees

470 ABA Journal Guantanamo/Detainees articles.

Courts Reject Bush Tactical Decision

President Bush’s legal approach to fighting terrorism may not outlast his presidency.

That’s the conclusion of a Wall Street Journal analysis (sub. req.) of court rulings…

Rehearing Sought in ‘Sleeper Agent’ Case

The U.S. Justice Department says it will ask a federal appeals court for an en banc rehearing of a three-judge panel’s ruling yesterday that the military could not hold a civilian indefinitely.

The 4th U.S. Circuit Court of Appeals in a 2-1 ruling said Ali Saleh Kahlah al-Marri could be charged with a crime, deported or held as a material witness. But he has a right to habeas corpus and must be released from military detention, the Richmond, Va.-based court said.

A Justice Department statement said al-Marri trained at Osama bin Laden’s terrorist training camp in Afghanistan and was an al-Qaida sleeper agent sent here to explore methods of disrupting the U.S. financial system.

Nuremberg Attorney: Gitmo Trials Unfair

An 88-year-old American lawyer who helped try war criminals at Nuremberg, Germany, after World War II says today’s Guantanamo Bay cases fly in the face of the prosecutorial precedent he…

Close Gitmo, Powell Says

Former Secretary of State Colin Powell says he would close the military prison at Guantanamo Bay and move the detainees’ cases into the federal court system.

Powell told NBC’s “Meet the Press” that the Guantanamo prison has hurt America’s reputation, according to a Washington Post account of the interview.

Committee OKs Gitmo Habeas Bill

The Senate Judiciary Committee has approved a bill to restore habeas corpus rights for Guantanamo detainees.

The move is part of a renewed effort by Democrats to challenge the Bush administration’s treatment of the detainees, the Washington Post reports.

Bush Likely to Pursue Gitmo Trials

The Bush administration is likely to fix rather than abandon trials for terrorist detainees at Guantanamo Bay.

Legal analysts told the Los Angeles Times there is no viable alternative because much of the evidence would be inadmissible in the regular court system.

Many of the detainees were picked up on the battlefield, “and a battlefield is different from a crime scene,” Pepperdine law professor Douglas W. Kmiec told the newspaper.

Other problems involve high-level terrorists questioned in secret CIA prisons. Evidence obtained under such circumstances would likely be excluded in U.S. courts.

Suit to Seek Information on Secret Detainees

Three human rights groups plan to file a lawsuit today seeking documents and information about detainees believed to be in secret custody of the Central Intelligence Agency.

The Washington Post says the suit will name several U.S. agencies, including the CIA, the Justice Department and the Defense Department.

Democrats Push Rights for Gitmo Detainees

Democrats are citing the dismissal of charges against two Guantanamo detainees in renewing calls for changes in the system used to try their cases.

Senate Majority Leader Harry Reid, D-Nev., said legislation to restore habeas corpus rights for detainees could reach the Senate floor this month, the Washington Post reports.

Another proposal would give detainees access to evidence and lawyers when their cases are reviewed by Combatant Status Review Tribunals, which determine whether detainees are enemy combatants.

Possible Appeal in Gitmo Case

Military prosecutors are considering an appeal of yesterday’s decisions tossing out charges against two Guantanamo detainees because they were not properly classified as “unlawful” enemy combatants.

Prosecutors asked for a…

Judge Tosses Charges Against Gitmo Detainee

A military judge today threw out charges against a Guantanamo detainee who was 15 when he was captured in Afghanistan.

However, Army Col. Peter Brownback said the dismissal was without…

Bin Laden Driver Fighting Tribunal Law

The lawyer for the man who acted as Osama Bin Laden’s driver says he will challenge the new military tribunal system in a trial that begins today.

The driver, Salim…

Detainee Who Died Denied Lawyer Visits

The Guantanamo Bay detainee found dead in an apparent suicide had never been given the opportunity to see a lawyer and had never been charged with a…

Military Lawyer’s Career Hurt due to Gitmo Work

A Marine Corps lawyer who represented Australian David Hicks in a Guantanamo Bay case that resulted in a favorable plea deal has apparently suffered career repercussions as a result –…

Gitmo Detainees Reject Defense Counsel

Some detainees among the alleged enemy combatants at Guantanamo Bay flatly refuse legal counsel. Others at the U.S. military prison merely refuse to open legal mail.

Their rebuffs of those…

75 Gitmo Lawyers Lobby U.S. for Court Access

Some 75 attorneys representing so-called enemy combatants being held in the Guantanamo Bay prison without trials fanned out over Capital Hill today, lobbying legislators in private meetings in an effort…

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