Tue Aug 7, 2012, 10:08 PM
MisterP (11,835 posts)
Military limiting Guantanamo detainee access to lawyers
By Bill Mears, CNN Supreme Court Producer
The Obama administration has begun limiting the legal rights of terror suspects held at the Guantanamo Bay military prison in Cuba, telling a federal judge Tuesday the government alone should decide when the prisoners deserve regular access to their counsel.
In a 52-page filing, Justice Department lawyers said they have started restricting when Guantanamo prisoners can challenge their detention in a Washington-based federal court. If approved, any relaxing of the rules would be made on a case-by-case basis at the exclusive discretion of military officials, not by the courts.
At issue is whether a Supreme Court decision on detainee rights from 2008 gives federal courts the ultimate power to control so-called "habeas" petitions from foreign combatants in U.S. military custody. Volunteer private lawyers say they deserve regular access to their imprisoned clients, even if there is no active habeas challenge pending in court, or any pending charges.
Under the proposed changes, the Navy base commander at Guantanamo would have sole veto power over attorney access, as well as access to classified material, including information provided directly by the detainees from interrogations.
Read more: http://security.blogs.cnn.com/2012/08/07/military-limiting-guantanamo-detainee-access-to-lawyers/?hpt=hp_t1
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Military limiting Guantanamo detainee access to lawyers (Original post)
Response to MisterP (Original post)
Tue Aug 7, 2012, 10:47 PM
msanthrope (16,505 posts)
3. Interesting. Without a habeas action, can you claim habeas rights under Boumendiene?
And do you have a right to counsel before the Periodic Review Board? If so, then what are its limits?
Should be an interesting case.
My understanding is that this case concerns this gentleman...Mr. Esmail. Mr. Esmail claims that that the only reason he was captured at Tora Bora in December of 2001 was because of some bizarre kidnap plot. Mr. Esmail's habeas was denied by the courts.