The Government's hearsay problem

For the legal buffs out there: Judge Walton (who is not the judge in either of my two client's cases) issued an important ruling yesterday about the Government's attempt to use hearsay instead of real evidence (like witnesses) in the habeas cases before him. Click on the title to read the scotus analysis and for a link to the actual opinion. Seems the Government is going to have to live with the same rules as the rest of us mere mortals.

six soon to be released?

Since Obama took office only 10 men have left Guantanamo. One in a box. Now there is news that six may be released in short order. Click on the title for the report from the Miami Herald.

Another Habeas Win

Judge Kessler just issued a ruling granting the habeas petition for Mohammed Al-Adahi (ISN 033).

Guantanamo and the Courts

I was exchanging emails with Andy Worthington regarding the sorry state of the "justice" department under the Obama administration and I thought many of you could benefit from the two articles that Andy wrote on this subject. Start with this one. And then move on to this one. If you have room left for a little more disgust then you can try Andy's latest article which is what got me onto this topic today in the first place....

I never had great expectations from the Obama administration but I really did not expect things to be as bad as they are....but they are.

State department interferes with military attorney's representation of his client

I just want to remind you that this is the Obama State department (sigh).

Talking Dog interviews Karen Greenberg

Another great interview by the Talking Dog. Karen Greenberg is the author of The least worst place: Guantanamo's first 100 days.

PLEASE TAKE ACTION

This is about as important as it gets in regards to Gitmo right now. The house passed a bill that will make it virtually impossible to move the men out of Guantanamo anytime soon. We need to get everyone writing to congress, newspapers etc getting the word out about this disaster. This is a paraticularly good project for our university students and law students out there to be working on collectively. Click on the title to read the bill and please talk to everyone you know to get the word out. This bill has to be stopped in its tracks.

Jawad attorney's claim military paid witnesses

Click on the title for more on the continuing saga of the young man (Jawas) being held at Gitmo since he was 12 or so years old....but that the military just does not want to let go of.

Gitmo cases are still being stayed

Click on the title to read about the lack of progress in the Gitmo Habeas cases. In the case of Al- Ghizzawi I made the mistake of agreeing to a short stay so that the Obama administration could review his file. Now that it is clear that the Administration is unable to move these men out in a safe and quick process I asked to get Al-Ghizzawi's case back on track for a habeas hearing. My request was met with a court order asking for a status report on September 20...sigh.

Habeas Attorney's are a help not hindrance in resettlment process

The Obama administration has taken the approach that the habeas lawyers should be muzzled from helping in their clients resettlment efforts... click on the title to read why they need our help and why they should be seeking us out instead of slamming the door.

Reminder: Chicago event tonight...

Admiral Don Guter will also be joining Amnesty International’s panel discussion following a screening of “The Response” – a 30-min courtroom drama based on the actual transcripts of the Guantanamo military tribunals tonight starting at 6:30.

Click on the title for all the details....

Could they be coming to their senses? (UPDATED)

Apparently the Government has changed its collective mind and is now willing to release the young Jawad to his native Afghanistan.
Click on the title and click here for a report from ScotUS.

Well, whether the Government is coming to it's senses or not...the good judge never lost her senses! Click here to read more . The bottom line: the judge has ordered the release of the young Jawad....his life will forever be shattered but we all wish him the best.......... Read more about today's court hearing here.

Another Habeas Win

Judge Kollar-Kotelly has granted the habeas petition of Khaled Al Mutairi who went to Afghanistan in 2001 to build a mosque with money from his parents. He was accused of being associated with Al-Wafa and Al-Qaida, although the government's only evidence was his own admission that he donated money to Al-Wafa (unaware of any terrorist connections) and the appearance of his name on various lists of prisoners held in Pakistan.
Congratulations to Al Mutairi's counsel David Cynamon and Matthew Maclean.

Let The Games Continue...(updated)

The Government has now abandoned the Habeas case of Mohammon Jawad (the Guantanamo prisoner who might have been as young as 12 years old when we sent him to Gitmo)....but it is not because they are conceding they have lost his case (the only evidence they had against him were statements tortured out of him). No apparently the DOJ still believes it don't need no stinkin evidence...they just want to get him out of the reach of his habeas judge and into another court room. Judge Huvelle, Jawad's habeas judge saw what was coming and was holding the government's collective feet to the fire (if anyone can provide a link to the transcript from the hearing on July 16th I would be happy to post it for all to read...it is a must read!)but the DOJ continues to be the slick SOB's of the past eight years so we will have to wait it out to see what happens here.
Here is the link to the transcriptMany thanks to RM for providing the link.

Update

Several of you have sent me emails and left comments on this blog asking me what is going on with my clients and with their cases. I will try to provide a brief update. Al-Ghizzawi is still alive. When I saw him in May he looked better than he had looked since first being locked up in Camp 6. This is not to say that he is not still a very ill man, he it. But he is no longer subjected to 22-24 hours a day, 7 days a week, every week of the year…in solitary confinement and that has helped.
I will see both of my clients again in August.
CLICK ON THE TITLE TO FINISH....