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Guantanamo Bay

Supreme Court to Hear Habeas Cases

Matt Browner-Hamlin's picture

SCOTUSblog reports on the Supreme Court's December case load:

The Supreme Court will hear the two consolidated cases testing the legal rights of Guantanamo Bay detainees on Wednesday, Dec. 5, at 10 a.m. — the only case scheduled for that day.
...
Wednesday, Dec. 5

* Boumediene v. Bush (06-1195) and Al Odah v. U.S. (06-1196) — whether Guantanamo Bay detainees have a constitutional or common law right to challenge their detention through habeas claims in U.S. federal courts (consolidated, one hour hearing).

In June Senator Dodd said this on giving habeas rights to Guantanamo Bay detainees:

[W]e cannot wait for the next President to restore our moral authority - we have to restore our standing in the world by having the conviction to stand up to this President now. This begins with closing the prisons at Guantanamo Bay and restoring Habeas Corpus rights to those in our custody.

We'll be looking forward to the Supreme Court hearing these cases. Stay tuned for further updates.

Dodd on Supreme Court & Guantanamo

Matt Browner-Hamlin's picture
Earlier today Senator Dodd issued the following statement on the Supreme Court's decision to hear Guantanamo Bay detainees:
"I am hopeful that the Court sees that several provisions of the Military Commissions Act cannot pass Constitutional muster. In its current form, the Military Commissions Act does not provide a credible process for bringing suspected terrorists to justice, stripping our nation of its moral authority and further imperiling our military personnel abroad. "Indeed, the erosion of Constitutional rights does not achieve their intended goal of increasing our security. Instead, it has reduced our standing in the world, making us more isolated and ultimately more vulnerable and less secure. "While the Supreme Court's review is necessary, I hope that Congress will also do its part to immediately change this law by supporting the Restoring the Constitution Act which develops a tough but fair system of bringing terrorists to justice."

Nuremberg Prosecutor Criticizes Guantanamo Prisons

Matt Browner-Hamlin's picture
More calls to close Guantanamo Bay from people who understand the importance of rule of law and America's moral authority in the world. Via Cliff Schecter's blog:
The U.S. war crimes tribunals at Guantanamo have betrayed the principles of fairness that made the Nazi war crimes trials at Nuremberg a judicial landmark, one of the U.S. Nuremberg prosecutors said on Monday. "I think Robert Jackson, who's the architect of Nuremberg, would turn over in his grave if he knew what was going on at Guantanamo," Nuremberg prosecutor Henry King Jr. told Reuters in a telephone interview. "It violates the Nuremberg principles, what they're doing, as well as the spirit of the Geneva Conventions of 1949." King, 88, served under Jackson, the U.S. Supreme Court justice who was the chief prosecutor at the trials created by the Allied powers to try Nazi military and political leaders after World War Two in Nuremberg, Germany. "The concept of a fair trial is part of our tradition, our heritage," King said from Ohio, where he lives. "That's what made Nuremberg so immortal -- fairness, a presumption of innocence, adequate defense counsel, opportunities to see the documents that they're being tried with."
Senator Dodd has called for the closure of the Guantanamo Bay prisons, as mentioned below. Senator Dodd's father, Thomas Dodd, was one of the lead prosecutors during the Nuremberg Nazi war crimes tribunals that set the standard for America’s moral authority.


 
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