From the Law Office of H. Candace Gorman
Fitch just reminded me that I never posted a link to the U.N. Report on Guantanamo published on the 22nd anniversary of the opening of Guantanamo but only released in late March. You can read it here.
Also you can read Carol Rosenberg's report on the report here. (If you have a subscription to the NYT.)
...
In the wake of the supreme court's dreadful Dobbs and Bruen decisions, there's a new demand for historians schooled in 18th century sexual practices, and weaponry, respectively.
The results of Clarence Thomas's gun originalism are everywhere.
In US v Rahimi, a Fifth Circuit panel comprising Trumpistes James C Ho and Cory T Wilson and Reagan appointee Edith Jones put a horrifying gloss on Bruen.
In the initial opinion, written by Wilson, the court ruled threats of imminent domestic violence cannot deprive an offender of his weapon; in a revised opinion, Judge Ho dug the hole even deeper.
Ho is a case-study in Republican judicial manipulation. He was appointed in 2017 to a seat on the 5th circuit vacant since 2013, when a Carter-appointee took senior status. Republicans blocked filling the seat until Trump could appoint a "movement" lawyer.
When Ho was appointed, the former Texas SG already had a reputation as an extreme right-wing lawyer with the Dallas-based First Liberty Institute, the "Christian conservative" legal group that employed Trump-appointed Texas federal judge Matthew J. Kacsmaryk.
Ho was vigorously opposed in the US Senate, not least for his part in the Torture Memos: he wrote a pro-torture memo for Assistant AG Jay Bybee (now a 9th circuit judge) in 2002 when both were employed by the Justice Department.
Ho's memo Possible Interpretations of Common Article 3 of the 1949 Geneva Convention Relative to the Treatment of Prisoners of War, falsely claimed the Convention Against Torture (CAT) "distinguishes between torture and other acts of cruel, inhuman, or degrading treatment or punishment".
This was cited by Bybee in his infamous memo, Standards of Conduct for Interrogation under [the US Torture Act].
Bybee's still-shocking memo (mostly by John Yoo) concluded that, notwithstanding US obligations under the CAT, the Torture Act reached only the most "extreme" and "heinous" acts, those causing pain "akin to that which accompanies physical injury such as death or organ failure".
This advice led directly to CIA torture overseas, while the US also failed to fulfil its CAT obligations at Guantánamo, according to a newly-published review of detainee treatment by the UN Rapporteur.
READ THE WHOLE FITCH HERE.
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