Federal Judiciary

Torture case filings delayed

By Akin Gump Supreme Court Practice Group

Giving the new government of President-elect Barack Obama its first chance to take a position on a legal case involving the Guantanamo Bay detention controversy, and specifically on claims of torture there, the D.C. Circuit Court on Friday extended the time for filing new briefs in a case sent back to that court by the Supreme Court.

In a new briefing order, found here, the three-judge panel agreed to an extension of filing time, so that initial briefs from the Justice Department and from lawyers for four former detainees at Guantanbamo Bay will be due Jan. 26 — six days after the new President takes office.?? Reply briefs are now due Feb. 9.

A post discussing this case after the Supreme Court had acted on it can be read here.?? Counsel for the four Britons who are purusing claims of torture and religious bias at Guantanamo sought additional time for the briefing, noting the holiday season and questioning whether the Circuit Court had authority to act on the case before the Supreme Court had issued a formal order to implement its action.?? (The motion for added time to file is here.)?? The Justice Department opposed the extension, saying there was no need for it and arguing that there was no real question of jurisdiction.?? (The opposition is here.)

If the Obama Administration were to switch the government’s position in the case, and argue, for example, that the former detainees should be allowed to go forward with their claims in court, the individuals who were sued in the case very likely would be able to keep the case going with private lawyers; up to now, they have been represented by the Justice Department.

Full post as published by SCOTUSBLOG on January 02, 2009 (boomark / email).