Sunday, April 6, 2008

Latest appellate argument on gitmo issues

On Friday Sabin Willett argued before the U.S. Circuit Court in DC in the case of Parhat vs. the bush gang. The Panel was Sentelle, Garland, Griffith. There are at least two interesting things to report (I am not reporting from an eye witness view as I was not there)... one is the panel didn't seem to be accepting everything the government argued (a nice change for the DC Circuit) in fact the government tried to argue that the standard of review under the Detainee Treatment Act should be a "some evidence" standard (like everything else coming out of the "justice" department it heretofore was not heard of in the law) but interestingly one of the judges was prepared for this nonsense and reminded the government attorney that the solicitor argued in front of the supreme court that the standard was "preponderance of evidence" .. a slightly different standard than "some evidence".
When the transcrip is available I will try to figure out a way to post it... but that brings me to the second interesting part of the argument... part of the argument was done behind closed doors...because of the secrets... you know "national security"... what a crock.
So the Courts might finally be figuring out how they have been hoodwinked these past 7+ years but they still fall for the governments ploy of doing things in secret so the rest of the world can't see or hear the bogus arguments.

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