2004.04.20 - PEGC Update ======================== 1) AL ODAH / RASUL: ORAL ARGUMENTS Utterly fascinating... More later but I'll say this much right now: Any lingering doubts I had about the need for my amicus brief disappeared in the first two minutes. Ms. Lithwick is a little tough on Judge Gibbons below, but I think he did pretty good personally. However, I've said it before, and I'll say it again -- 18 USC 2441 is the KEY: the government's policies are simply CRIMINAL. Yes, there are still issues once you get that, but jurisdiction isn't one of them, and neither is this nonsense about whether or not Geneva is a "self-executing" treaty. C-SPAN-- April 20, 2004 ORAL ARGUMENTS IN AL ODAH / RASUL (Real video - 1hr) rtsp://video.c-span.org/project/spec/spec042004_sc.rm * For Petitioners: John J. Gibbons Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C. http://www.gibbonslaw.com/attys/dsp_viewattorney.cfm?bioid=78 * For Respondents: Theodore B. Olson Solicitor General of the United States http://www.usdoj.gov/osg/aboutosg/t_olson_bio.htm * Reports: Washington Post -- April 20, 2004 SUPREME COURT HEARS APPEALS ON GUANTANAMO BAY PRISONERS By Charles Lane, Washington Post Staff Writer http://www.washingtonpost.com/wp-dyn/articles/A26813-2004Apr20.html Miami Herald -- April 20, 2004 DETAINEES' LEGAL FATE ON LINE IN HIGH COURT By Frank Davies, The Miami Herald http://www.miami.com/mld/miamiherald/news/8471497.htm Slate -- April 20, 2004 THE PRISONERS' DILEMMA The Gitmo detainees get their day in court. Sort of. By Dahlia Lithwick http://slate.msn.com/id/2099223/ 2) MILITARY COMMISSIONS DoD made some personnel moves affecting the "military commissions" today: April 20, 2004 DoD Press Release No. 348-04 REVISED MILITARY COMMISSIONS INSTRUCTIONS ISSUED The Department of Defense announced today that minor adjustments were made to Military Commission Instructions No. 3, 4, and 6. Under the changes, the Office of the Chief Defense Counsel continues to report to the deputy general counsel for personnel and health policy, but the Office of the Chief Prosecutor will now report to the legal advisor to the appointing authority, instead of the deputy general counsel for legal counsel. The adjustments will further help to ensure defense counsel independence by clearly providing that the senior officials in the chains of supervision for prosecution and defense belong to different organizations within DoD. http://www.dod.mil/releases/2004/nr20040420-0632.html I just about fell out of my chair laughing on that one... The ONLY thing protecting the independence of defense counsel here is their own professional integrity, which fortunately appears to be of the highest standard from what I've seen so far. But wait -- there's more, and it's interesting too: the Chief Prosecutor is leaving for an academic post. I'm not quite sure how to read that. April 20, 2004 DoD Press Release No. 347-04 KEY MILITARY COMMISSION OFFICIALS ANNOUNCED The Department of Defense announced the names of two key military commission officials today. Army Col. Robert L. Swann has been selected as the chief prosecutor (succeeding Army Col. Fred Borch). Navy Lt. Susan McGarvey has been selected as the acting military commissions judge advocate spokesperson (succeeding Air Force Maj. John Smith). Prior to this assignment, Swann served as the chief circuit judge for the 2nd Judicial Circuit at Fort Campbell, KY., and McGarvey served as the senior defense counsel at Naval Legal Service Office Southwest in San Diego, Calif. Borch will be departing later this summer for an assignment as the Special Assistant to the commanding general of the Army Judge Advocate Legal Center and School in Charlottesville, VA. Smith will be departing later this summer for an assignment as the deputy staff judge advocate at Andrews Air Force Base, MD. http://www.defenselink.mil/releases/2004/nr20040420-0633.html 3) ANOTHER REPORT FROM HELL I was getting a little worried about Jo... wildfirejo -- April 20, 2004 FALLUJA (2) by Jo Wilding April 17 -- Sergeant Tratner of the First Armoured Division is irritated. "Git back or you'll git killed," are his opening words... http://www.wildfirejo.blogspot.com/ 3) THE SECRET OF THE B-29 Los Angeles Times -- SECOND OF TWO PARTS April 18, 2004 A DAUGHTER DISCOVERS WHAT REALLY HAPPENED * At last, the Internet reveals how Al Palya died. Why had it been kept secret? Because the government wanted the legal right to be more secretive. By Barry Siegel, Times Staff Writer http://www.latimes.com/news/nationworld/nation/la-na-b29parttwo19apr19,1,6146905.story 4) FINDLAW Findlaw has updated their April 2004 Supreme Court page for Al Odah / Rasul. They now have all the briefs for both sides available. I'm hoping they will be doing the same for Hamdi and Padilla. http://supreme.lp.findlaw.com/supreme_court/docket/2003/april.html 5) Op-Ed Daytona Beach News-Journal April 19, 2004 HOW FAR ABOVE THE LAW? Supreme Court should clip president's authoritarian wings http://www.news-journalonline.com/NewsJournalOnline/Opinion/Editorials/03OpOPN48042004.htm Regards, Charly * * * Charles Gittings Oakland, California cbgittings@sbcglobal.net +1-510-923-1688 PROJECT TO ENFORCE THE GENEVA CONVENTIONS (PEGC) http://PEGC.no-ip.info PEGC Update http://PEGC.no-ip.info/PEGC_Update.html