Sunday, February 28, 2010

The Role of a Judge

The role of a judge is to be impartial, fair and unbiased. To follow the laws and the constitution and to listen to all of the evidence without passing judgment until all of the evidence is heard.

Representing guantanamo detainees is not easy. I am equally sure that being a judge in these cases is also not an easy job.
But we all have a duty to do our best and to follow the rules.

In my humble opinion, this is not the role of the Judge: (you can read all five documents or cut to the heart of things and just read this.)

And certainly it is not the role of Government attorneys to be contacting judges outside the presence of opposing counsel (in this case me) to discuss rulings by the Judge or the requirements of the Government to produce discovery:

(please note that the attorney who wrote this letter is not accused of any misconduct...she had the unfortunate job of being the messenger....In my opinion this was an unfair task given to her and the letter should have been written by her superiors...but they of course did not ask my opinion.)

Thanks to Charly Gittings at the Project to Enforce the Geneva Conventions for providing the link.