Detainees at Guantánamo Fight Further Appeal Delay in NYT Today

•February 22, 2008 • Leave a Comment

Linda Greenhouse wrote Detainees at Guantanamo Fight Further Appeal Delay
in today’s New York Times.  Among other issues, the article mentions the potential for another Guantanamo-related Supreme Court hearing as early as this spring in Gates v. Bismullah, No. 07-1054.

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Former Military Commissions Chief Prosecutor Mo Davis Writes New York Times Op-Ed

•February 17, 2008 • Leave a Comment

Colonel Mo Davis, the Chief Prosecutor in the Office of Military Commissions from  2005-2007, published an op-ed in today’s New York Times called Unforgivable Behavior, Inadmissible Evidence.

By way of background, here is a link to the op-ed Colonel Davis published in the Los Angeles Times on December 10, 2007 called AWOL Military Justice discussing his reasons for resigning.

Classification of 180 detainees as enemy combatants in dispute

•February 15, 2008 • Leave a Comment

Linda Greenhouse has an interesting article in today’s New York Times, Bush Appeals to Justices on Detainees Case, about the administration’s request for the Supreme Court to hear Gates v. Bismullah.  The question is that case is what evidence the government must present to the U.S. Court of Appeals for the District of Columbia Circuit to defend a military Combatant Status Review Tribunal’s determination that a detainee is an enemy combatant.

According to the article, the D.C. Circuit has already held that the government must provide “all the information” that the CSRT was “authorized to obtain and consider,” regardless of whether the tribunal considered the evidence.  The government argued that it did not preserve evidence it did not present and the court ruled that it is now obliged to convene new tribunals.

The outcome of Boumediene v. Bush, which will address the detainee’s habeas corpus rights, will directly impact Gates.

Waterboarding Legislation Passes Senate, But Faces Veto

•February 14, 2008 • Leave a Comment

The New York Times has an article today by David M. Herszenhorn, Bill Curbing Terror Interrogators Is Sent to Bush, Who Has Vowed to Veto It.

As these issues will have a direct impact on the upcoming trials at Guantanamo Bay, it will be interesting to see how military judges interpret the legislation.

Guantanamo Trials Face Hurdles

•February 12, 2008 • Leave a Comment

Another interesting piece in today’s New York Times by William Glaberson, Hurdles Seen as Capital Charges Filed in 9/11 Case, which quotes Joe Margulies of Northwestern and Colonel Steven David, the Chief Defense Counsel in the Office of Military Commision (both of whom I have interviewed).

Margulies noted that defense lawyers will need a fair amount of time to prepare for trial and David advised that his office does not have enough lawyers to assign to the six cases at issue. “You’re asking me to tell you how we’re going to get to a place we’ve never been, with a map I don’t have,” Colonel David said.

Additional Analysis of the Guantanamo Trials

•February 12, 2008 • Leave a Comment

Interesting article in today’s New York Times by Steven Lee Myers, Trial’s Focus to Suit Bush, which provides additional detail on the decision to try six Guantanamo detainees and seek the death penalty.

US Seeking the Death Penalty in Guantanamo Trials

•February 11, 2008 • Leave a Comment

The New York Times has a piece today by William Glaberson, U.S. Seeking Execution for 6 in Sept. 11 Case, and it quotes Eric Freedman, a law professor at Hofstra, with whom I have spoken, and Tom Fleener, who I interviewed for my project.

There is a debate about whether these are the right cases to test the military commissions system, how much of the trials will consist of secret proceedings and the use of evidence obtained by alleged torture.

“Neither the system is ready, nor are the defense attorneys ready to do a death penalty case in Guantánamo Bay, Cuba,” Major Fleener said.