Federal Judiciary

U.S. to 13 judges: let detainee cases move

By Akin Gump Supreme Court Practice Group

The Justice Department told 13 judges on the U.S. District Court in Washington on Monday that it will not oppose the prompt reopening of habeas challenges in more than two dozen pending cases.  But it urged those judges not to take any other definite action until plans are made to handle more than 200 habeas cases already on file, with more expected.

The government document was filed as a response to renewed pleas in 27 separate cases to lift existing orders that have kept those cases on hold.  Those cases are distributed among 12 of the 14 active judges on the District Court, plus one judge on senior status.  The other two active judges are the Chief Judge, Royce Lamberth, and the former Chief, Thomas Hogan, who have met with detainees’ lawyers and Justice Department counsel to find ways to proceed now that the Supreme Court has restored habeas rights to Guantanamo Bay detainees, in its June 12 ruling in Boumediene v. Bush (06-1195).

Besides seeking a lifting of stay orders, many of the lawyers in the 27 cases had asked the judges for other action: to hold an emergency scheduling conference, to set up prompt hearings on the merits, to order the government to produce new responses to the habeas challenges and, in at least one case, to proceed toward a ruling on a motion to grant the detainee a release from Guantanamo without any further proceedings.

While saying it does not opposing lifting existing stays, the Justice Department said in its response that “the other relief” sought by detainees “is not appropriate at this time, given the ongoing discussions before Chief Judge Lamberth.”

Judge Lamberth was scheduled to meet again Wednesday with counsel on both sides of the habeas cases to continue their talks.

Full post as published by SCOTUSBLOG on June 23, 2008 (boomark / email).