JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Sunday, November 04, 2012

DOJ may appeal ruling on Guantanamo prisoner access to counsel
Matthew Pomy at 2:35 PM ET

Photo source or description
[JURIST] The US Depatment of Justice (DOJ) [official website] filed a notice of appeal [text, PDF] in the US Court of Appeals for the District of Columbia Circuit [official website] opposing a ruling [JURIST report] rejecting the government's argument that they should be allowed to set certain rules regarding Guantanamo Bay [JURIST backgrounder] detainees' access to counsel. The administration's filing is to extend time for a decision to officially appeal. A representative of the DOJ spoke to Politico [media website] and stated a final decision has not been made [Politico report]. The government is seeking authority to set visitation and communication rules for the detainees without court approval. They argue that, once a habeas petition is terminated, the 2008 Protective Order [order, PDF] expires and the executive has the prerogative of assuring counsel access. This argument was rejected in a harshly worded opinion [PDF] by a judge for the US District Court for the District of Columbia [official website] that characterized the attempt as an overreach of executive power.

The notice of appeal is the latest development in the Guantanamo Bay prisoner debate. Earlier in August the DOJ filed a brief with the court asserting that the government should decide [JURIST report] when a Guantanamo prisoner is granted continued regular access to legal counsel absent a detainee's ongoing habeas or other legal challenge. The challenge to the new restrictions was brought by six Guantanamo detainees, two of whose habeas petitions were denied and four dismissed with the possibility of reconsideration. At the time of the hearing lawyers for only six of the 170 detainees at Guantanamo had signed a memorandum of understanding (MOU) [memorandum, PDF]. In the 10 years since the first detainees were brought to Guantanamo Bay, only a handful have been tried or convicted, and in the past few months there have been several calls by the UN and various foreign governments for some long-held Guantanamo detainees to be returned to their home countries, including Egypt, Canada and Kuwait [JURIST reports].




Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Bosnia court orders release of president
1:32 PM ET, May 25

 Puerto Rico lawmakers approve gender, sexual orientation discrimination law
12:26 PM ET, May 25

 UN rights experts urge stronger legislation against caste-based discrimination
11:56 AM ET, May 25

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org