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MisterP

(23,730 posts)
Tue Aug 7, 2012, 10:08 PM Aug 2012

Military limiting Guantanamo detainee access to lawyers

Source: CNN

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) MisterP Aug 2012 OP
Hopefuly the ACLU will take this on (n/t) a2liberal Aug 2012 #1
They might do an amicus, but Mr. Esmail seems to have perfectly reasonable msanthrope Aug 2012 #4
... Mnemosyne Aug 2012 #2
Interesting. Without a habeas action, can you claim habeas rights under Boumendiene? msanthrope Aug 2012 #3
Forward! MNBrewer Aug 2012 #5
Makes me want to cry. This is not what our party stands for. IMO nt Mojorabbit Aug 2012 #6
 

msanthrope

(37,549 posts)
4. They might do an amicus, but Mr. Esmail seems to have perfectly reasonable
Tue Aug 7, 2012, 10:48 PM
Aug 2012

counsel advocating for him.

 

msanthrope

(37,549 posts)
3. Interesting. Without a habeas action, can you claim habeas rights under Boumendiene?
Tue Aug 7, 2012, 10:47 PM
Aug 2012

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.

http://www.cadc.uscourts.gov/internet/opinions.nsf/CF90BB9790E6DDB68525786C004EBE28/$file/10-5282-1302328.pdf

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