Government Seeks to Rewrite Detainee Cases
As the Justice Department struggles to cope with the new realities imposed by the Supreme Court’s decision in Boumediene v. Bush and Al-Odah v. United States, which granted terrorist detainees at Guantanamo Bay the right to challenge their detention in federal court, government lawyers are requesting time to prepare new case documents against the detainees.
Lawyers representing the detainees cried foul and accused the government of trying to change the evidence against detainees in the middle of the game. “It’s sort of an admission that the original returns were defective,” said attorney David Remes, who represents many detainees. “It’s also an admission that the government thinks it needs to beef up the evidence.” Another defense attorney, Jonathan Hafetz, said, “It’s a totally fishy maneuver that suggests that the government wants, at the 11th hour, to get its ducks in a row.”
But the charges and summaries of evidence against the detainees were prepared for presentation to military tribunals under the Military Commissions Act, which the Court found unconstitutional. Those tribunals had very different rules of evidence and standards of proof than the civilian federal courts, and federal prosecutors want to present their strongest and best evidence to make sure they meet those new higher standards. The Justice Department declined to comment on the request, which is pending before a federal court.
If the Justice Department loses the right to resubmit evidence against the detainees, it will increase the likelihood that the detentions of some of those held at Guantanamo Bay will be overturned.
June 21st, 2008 | Category: Boumediene v. Bush Decision, Detainee, al-Odah v. United States
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June 25th, 2008 at 4:58 pm
We are but should not be surprised after all that Bush, Cheney and their henchmen have gotten away with to date.
The BUSH, CABINET, APPOINTEES AND STAFFS ARE ONLY THE EXECUTIVE BRANCH. Their job is to implement the laws that US Congress makes to say what the federal government, states, big business and persons may and may not do. BUSH, ET AL, ONLY GET AWAY WITH WHAT THE MAJORITY IN CONGRESS ALLOW. If the US House of Representatives impeached federal employees (charge wrong-doings), the US Senate would hold hearings, determine facts and fire the guilty.
DON’T COMPLAIN IF YOU DO NOT VOTE and DON’T COMPLAIN IF YOU VOTE TO REELECT ANYONE TO CONGRESS (US Senators and US Representatives). It’s one elected term and done to ensure they will be more apt to act as our civil servants and for the “general welfare” of our citizenry and abide by the letter and spirit of our Constitution. SAME APPLIES TO ALL STATE and LOCAL ELECTIONS.
DON’T COMPLAIN IF YOU EVER AGAIN VOTE FOR ANY OF THE 2 MAJOR PARTY CANDIDATES. Lawmakers spend your taxes and often create debt we pay off. End the monopoly that prevents true freedom of choice to hear from and elect any other candidate. Start in 2008. VOTE FOR THE CANDIDATE LISTED IMMEDIATELY AFTER THE MONOPOLY. Do this every two (2) years, until all candidates are covered by medias for us to make an informed choice. If a former member of either 2 parties is in a new party then vote for the one listed next. Repeat every two (2) until at least 2016 (Senators have a 6 year term). CLEAN HOUSE and KEEP IT CLEAN. It’s up to you to spread the word.
VOTE TO RESTORE FEDERAL, STATE and LOCAL GOVERNMENTS THAT ARE OF, FOR, AND BY THE PEOPLE - OR STAY HOME.