Federal Judiciary

Obama starts acting on detainee cases

By Akin Gump Supreme Court Practice Group

The Obama Administration, in its first move to shape the civilian courts’ handling of Guantanamo Bay detainee cases, on Tuesday asked for — and received — a delay in a scheduled hearing in two of those cases.  In a filing made soon after the new President was sworn in, the Justice Department asked a U.S. District Court judge for a two-week postponement in cases involving three detainees. The motion (reproduced here) said “the Government is now assessing how it will proceed in the above-captioned Guantanamo Bay habeas corpus cases.  Time is needed to make that assessment and determination.”

District Judge Reggie B. Walton on Tuesday evening granted the request, in an order that is reproduced here.

Although the motion was confined to just three cases out of some 200 now pending, the reason for the delay appeared likely to apply to other cases as well.  These cases appeared to have been chosen at this point because a hearing had been scheduled for 2 p.m. Wednesday.

Meanwhile, the new Administration also began taking control of the war crimes trials in various stages now at the Guantanamo base.  President Obama, according to news wires, ordered military proseuctors to ask for a 120-day postponement in all cases.  A military judge promptly granted the request, halting proceedings involving some 21 prisoners — including five who have been accused of war crimes for their alleged roles in the Sept. 11, 2001, terrorist attacks on the U.S.

The Obama Administration is now considering what to do both about Guantanamo as a detainee center, and about military and civil proceedings involving individuals captured on terrorism suspicion.

Full post as published by SCOTUSBLOG on January 21, 2009 (boomark / email).