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• Thursday, November 20, 2008 05:47 PM

  Meanwhile, the Bush Administration is mounting a "multi-faceted attack" to delay all the other habeas cases and to get all the other habeas cases REMOVED from the jurisdiction of federal district judges

  AFP:

  http://www.google.com/hostednews/afp/article/ALeqM5gWFoE2jjFp5p3qqVaPzEIfuIKuFQ

  US seeks to modify rules governing Guantanamo appeals process

  * * * * *

  Lyle Denniston:

  http://www.scotusblog.com/wp/sweeping-challenge-to-detainee-process/

  Sweeping challenge to detainee process
  Tuesday, November 18th, 2008 11:07 pm | Lyle Denniston

  If the 113 cases involving some 200 prisoners have to go forward first in District Court, the new filing said, that could produce an “entirely unwarranted” situation of reverses on appeal “months from now” and “only after volumes of classified information have been unnnecessarily disclosed.”

  As an alternative — and apparently the preferred step — the Department suggested that the case be sent immediately to the D.C. Circuit Court to consider quickly the sweeping challenge.

  The multi-faceted attack on the system of District Court habeas review [...] had a close parallel in the government’s attempts to pare down another form of civilian court review of detention decisions under the Detainee Treatment Act of 2005. The latter effort, however, has foundered, and now the government is seeking to shut down the DTA process altogether, leaving only the habeas cases. (The new filing recycled some of the documents submitted to courts during the challenges to the DTA system.)

  The new filing came in four parts: first, a motion to clarify and reconsider key parts of a Nov. 6 “case management order” issued by Senior District Judge Thomas F. Hogan or, in the alternative, a motion to send the case to the Circuit Court along with a delay of specific parts of the Hogan order, second, a set of proposed orders; third, a series of sworn statements by Pentagon and intelligence officials on the risks to national security; and, fourth, a sworn statement on national security risks by FBI Director Robert S. Mueller. Also filed, but not made public, were secret statements from intelligence and military officials.

  [...]

  - - Lyle Denniston

  —sysprog Read sysprog's other letters
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