As I reported a short while ago on this blog Judge Hogan the judge responsible for "coordinating" the habeas cases (and he has been a huge disappointment) was also considering a request from another detainee for his medical records. Marc Falkoff reported after the hearing that it went quite well and he was hopeful that they would get the records.
J. Hogan added to his less than stellar Gitmo record by denying the medical records because he doesn't believe he has jurisdiction.
According to Marc his client Adnan, 1)attempted suicide in June, (2) weighed about 100 pounds when Marc saw him in August, (3) has had his mattress and blankets taken away as punishment for an unspecified disciplinary infraction, and (4) again attempted suicide about two weeks ago by biting off and swallowing a piece of the feeding tube they began using to force-feed him. Judge Hogan didn't address any of those issue but instead held that -- notwithstanding Boumediene -- the MCA strips the court of jurisdiction to hear all "conditions of confinement" claims. J. Hogan did not address most of the issues raised by Marc such as the records being incident to Adnan's habeas action and necessary to assure Adnan's continued access to the court to prosecute his petition. Judge Hogan also didn't address the argument that if the government's argument is correct, Adnan could be tortured or starved to death at Guantanamo and there's nothing the courts could do about it.
More Justice American Style.
Thursday, September 25, 2008
I now have my hands on the actual documents and you can also click on the title to read Senator Levin's recap of what the documents show.
Posted by H. Candace Gorman at 11:17 AM