Archive for May 6, 2012
Two cases related to the Guantanamo Bay detainees and their treatment are making their way through the court system now and may be reviewed by the Supreme Court soon.
The first, Jose Padilla v. John Yoo, was the subject of Michael’s article this morning.
The second case is being heard (or maybe not, see below) by the D.C. Circuit Court and may well move to the Supreme Court next term.
Salim Ahmed Hamdan is a Yemeni national who, intelligence officials say, served as a driver for Osama bin Laden. He was detained by Afghan forces in November 2001 and held with other suspected terrorists at Guantanamo Bay.
In 2006, his case (Hamdan v. Rumsfeld) was heard by the Supreme Court, which ruled that the system of military tribunals created by Congress was unconstitutional because it did not properly follow the Geneva Convention. The present case is unrelated to the first; the only common feature is that it features the same petitioner. (more…)
The Supreme Court is done hearing cases for this season. But the Ninth Circuit Court of Appeals issued an opinion yesterday that may be reviewed by the Supremes in the future. The case is Jose Padilla v. John Yoo.
If those names ring a bell, it’s with good reason. Jose Padilla is the American citizen dubbed the “dirty bomber”, for his arrest, on suspicion of plotting a radiological bomb attack, almost exactly ten years ago, on May 8, 2002. John Yoo was a member of the George W. Bush Administration Justice Department’s Office of Legal Counsel, where he gained notoriety as the author of the “Torture Memos”, which provided a legal argument that “enhanced interrogation” was legally distinct from “torture” as described in the Convention Against Torture. (more…)