Today's Date: Add To Favorites
High court to reconsider Guantanamo
Breaking Legal News | 2007/06/30 14:06

In a surprise move, the Supreme Court agreed Friday to consider whether prisoners at Guantanamo Bay, Cuba, had been wrongly held for years without a fair chance to plead their innocence. In a brief order before adjourning for the summer, the justices announced they would hear an appeal that in April they had refused to hear. The case asks whether "foreign citizens imprisoned indefinitely" by the U.S. military can go to federal court and, if so, whether their imprisonment amounts to "unlawful confinement" from which a federal judge might free them. The court is to hear arguments next term, which begins Oct. 1.

Court personnel said it had been 60 years since justices had rejected an appeal petition and then reversed themselves and voted to hear the claim.

The switch may reflect frustration among the court's more liberal and centrist members over the Bush administration's handling of the Guantanamo issue, according to civil liberties lawyers who have been battling with the government.

Three years ago, the court ruled that the hundreds of prisoners at the U.S. military facility in southern Cuba were entitled to a hearing before a neutral judge to challenge the government's basis for holding them. In a rebuke to the high court, President Bush and the then-Republican-controlled Congress enacted a law to strip these "unlawful enemy combatants" of their right to be heard in the federal courts.

Friday's order may signal that a majority of the justices are prepared to rule that the Constitution's habeas corpus guarantee gives the Guantanamo detainees the right to go to court and contest the government's reason for holding them.

"The Supreme Court, along with the rest of the nation, should be sick and tired of what it's seeing in Guantanamo," said Matthew MacLean, an attorney for four Kuwaiti detainees at the prison. "It's anybody's guess what changed the Supreme Court's mind, but I hope the justices are seeing the discomfort that so many people in this country and abroad have with Guantanamo."

White House National Security Council spokesman Gordon Johndroe reacted to the justices' announcement by saying: "We did not think that court review at this time was necessary, but we are confident in our legal position."

The prison may be closed before the court acts. Defense Secretary Robert M. Gates has said he would like to move the detainees to another location, and congressional Democrats have threatened to cut off funding for the current facility.

Despite years of legal skirmishing, little progress has been made in establishing a system for deciding who is a dangerous foreign fighter who should be held prisoner.

Although former Defense Secretary Donald H. Rumsfeld once described the Guantanamo prisoners as the "worst of the worst," many of them have been released.

Since terrorism suspects were first brought to Guantanamo five years ago, the Bush administration has argued that foreign fighters who are not part of a regular army have no rights in American law and also are not prisoners of war entitled to rights under the Geneva Convention.

However, in response to the high court's 2004 ruling, the Pentagon did agree to review the status of each prisoner held at Guantanamo.

During a Combatant Status Review Tribunal, three military officers examine the evidence. The detainee does not have a lawyer.

Last week, an Army lawyer who has participated in several such hearings questioned their fairness. Lt. Col. Stephen Abraham filed a sworn statement in one appeal before the Supreme Court that said officers were pressured to rule in favor of keeping the detainees in prison as "enemy combatants."

"I certainly think the Abraham declaration proves what everyone has long surmised, that the CSRT process is just a kangaroo court that doesn't provide any meaningful review," said David Cynamon, the lead attorney in one of the cases the high court will consider, Al Odah vs. Bush. "It seems to be the straw that broke the camel's back."

Cynamon's client, a Kuwaiti named Fawzi Al Odah, has been held for six years with no charges filed against him.

The case has been consolidated with another involving six Algerian men who lived in Bosnia in the 1990s. They were arrested by Bosnian police in 2001 on suspicion of involvement in terrorism, but the following year the Supreme Court of Bosnia and Herzegovina ordered them released for lack of evidence.

They were immediately taken into custody by the U.S. military, shackled, put under hoods and shipped to Guantanamo, where they have been held since.

The lead plaintiff, Lakhdar Boumediene, was kept in a cold cell and deprived of sleep for 13 consecutive days, according to a report by the Center for Constitutional Rights, an advocacy group representing a number of the detainees.

In April, three of the court's liberal justices — Stephen G. Breyer, David H. Souter and Ruth Bader Ginsburg — voted to hear the pair of Guantanamo cases. Justices John Paul Stevens and Anthony M. Kennedy said they were willing to wait while the detainees and their lawyers went through an appeal process created by Congress, but the justices agreed that the issues involved were important.

The lawyers for Boumediene and Al Odah petitioned the justices to reconsider, because their clients faced many months of appeals that would almost certainly fail.

Friday's order did not say who voted to take up the case, but the lawyers involved assumed that Stevens and Kennedy had supplied the fourth and fifth votes.




[PREV] [1] ..[6644][6645][6646][6647][6648][6649][6650][6651][6652].. [8290] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
Tight US House races in Cali..
North Carolina Attorney Gene..
Republicans take Senate majo..
What to know about the unpre..
A man who threatened to kill..
Ford cuts 2024 earnings guid..
Kenya’s deputy president pl..
South Korean court acquits f..
Supreme Court grapples with ..
Supreme Court leaves in plac..
Kentucky sheriff accused of ..
New rules regarding election..
North Carolina appeals court..
A court in Argentina orders ..
Mexican cartel leader’s son..


Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design