2004.12.09 - PEGC Update ======================== 1) PEGC AMICUS BRIEF MOVES FORWARD Well friends, it's been one hell of a week. I've moved to new temporary quarters, found out that DSL service is not available in the new location, and I've been struggling to adapt to Plan B all week. But this evening, I got some tremendous news: Judge Green has granted me leave to appear and leave to use the courts electronic case filing system. Since I'm unable to post it to the website just now, here's the text of the order: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA In re Guantanamo Detainee Cases Civil Action Nos. 02-CV-0299 (CKK), 02-CV-0828 (CKK), 02-CV-1130 (CKK), 04-CV-1135 (ESH), 04-CV-1136 (JDB), 04-CV-1137 (RMC), 04-CV-1144 (RWR), 04-CV-1164 (RBW), 04-CV-1194 (HHK), 04-CV-1227 (RBW), 04-CV-1254 (HHK) ORDER GRANTING MOTION FOR CM/ECF PASSWORD AND MOTION FOR LEAVE TO FILE AS AMICUS CURIAE Upon consideration of Charles B. Gittings Jr.’s Motion for CM/ECF Password and Motion for Leave to File as Amicus Curiae, there being no opposition thereto, and Mr. Gittings having previously filed an amicus brief before the United States Supreme Court in the Hamdi case, it is hereby ORDERED that the motions are granted upon the conditions that Mr. Gittings comply with all local rules and necessary procedures to gain access to the Court’s CM/ECF system and obtain the appropriate training. As is the situation for all counsel of record in these cases, no court papers will be mailed by regular post to Mr. Gittings and to the extent he is entitled to receipt of any documents, he will have to accept them via e-mail. IT IS SO ORDERED. December 8, 2004 _____/s/_____________________ JOYCE HENS GREEN United States District Judge A copy of the order is saved at: pegc.no-ip.info/archive/DC_Gitmo_Cases_JHG/order_JHG_20041208_CBG.pdf And that's not all folks -- The brief wasn't merely accepted, IT'S BEEN DOCKETED AS A CROSS-MOTION FOR SUMMARY JUDGEMENT. Here are the pertinent docket entries: 12/08/2004 136 ORDER GRANTING 95 Motion for CM/ECF Password and Motion for Leave to File as Amicus Curiae. Signed by Judge Joyce Hens Green on 12-08-04. Associated Cases: 1:02-cv-00299- CKK,1:02-cv-00828-CKK(MD) (Entered: 12/08/2004) 12/08/2004 137 AFFIDAVIT by DAVID HICKS. Associated Cases: 1:02-cv-00299- CKK,1:02-cv-00828-CKK(Goldman, Marc) (Entered: 12/08/2004) 12/08/2004 139 AMICUS BRIEF by CHARLES B. GITTINGS JR.. (Attachments: # 1 Exhibit 1) Associated Cases: 1:02-cv-00299-CKK,1:02- cv-00828-CKK(cp, ) (Entered: 12/09/2004) 12/08/2004 140 CROSS MOTION for Summary Judgment in support of petitioners by CHARLES B. GITTINGS JR. (for scanned image, see doc 139). Associated Cases: 1:02-cv-00299- CKK,1:02-cv-00828-CKK(cp, ) (Entered: 12/09/2004) What does it all mean? Gee, my head is still spinning through all the possible implications... but I do believe the government is going to have to answer me directly now. Here's the link for the brief again: pegc.no-ip.info/archive/DC_Gitmo_Cases_JHG/CBG_gitmo_amicus_20041012.pdf And Exhibit A (PEGC Hamdi Brief): pegc.no-ip.info/archive/letters/gittings_amicus_hamdirums_20040223R.pdf There was also an affidavit filed by David Hicks -- see: pegc.no-ip.info/archive/Rasul_vs_Bush/hicks_affidavit_20041208.pdf 2) HAMDAN v. RUMSFELD USCA D.C. Circuit -- December 8, 2004 HAMDAN v. RUMSFELD, No. 04-5392 BRIEF FOR APPELLANTS (Government) http://www.legalaffairs.org/howappealing/Hamdan-opening-brief.pdf WLF amicus: http://www.legalaffairs.org/howappealing/HAMDANBR.pdf ACLJ amicus: http://www.aclj.org/media/pdf/041208_Rumsfeld_v_Hamdan_Amicus_Brief2.pdf 3) TORTURE SCANDAL CBS News / AP -- December 8, 2004 MEMO CITES CAPTIVE ABUSE COVER-UP http://www.cbsnews.com/stories/2004/12/09/iraq/main660239.shtml Memo from FBI field agent to T.J. Harrington, FBI: http://www.aclu.org/torturefoia/released/t3131_3133.pdf Salon -- December 8, 2004 WHITEWASHING TORTURE? A veteran sergeant who told his commanding officers that he witnessed his colleagues torturing Iraqi detainees was strapped to a gurney and flown out of Iraq -- even though there was nothing wrong with him. By David DeBatto http://www.salon.com/news/feature/2004/12/08/coverup/ The Guardian (UK) -- December 10, 2004 HONOUR FOR IRAQIS' COURT CHAMPION By Clare Dyer http://politics.guardian.co.uk/iraq/story/0,12956,1370716,00.html 4) GUANTANAMO BAY Miami Herald -- December 9, 2004 Permanent jail set for Guantanamo BY CAROL ROSENBERG http://www.miami.com/mld/miamiherald/news/nation/10372662.htm 5) OP-ED Washington Post -- December 10, 2004 DON'T BLAME ME Editorial http://www.washingtonpost.com/wp-dyn/articles/A53719-2004Dec9.html Regards, Charly Charles Gittings Lake Chelan cbgittings@yahoo.com +1-509-682-2844 PROJECT TO ENFORCE THE GENEVA CONVENTIONS (PEGC) PEGC.no-ip.info PEGC Update PEGC.no-ip.info/PEGC_Update.html * * *