Justice Department Lawyers Refuse Detainee Cases
Some lawyers in the civil appeals division object to the government's policies on Guantánamo Bay
By Emma Schwartz
US News
The government's legal arguments justifying the detention of hundreds of people at the Guantánamo Bay naval base have been repudiated three times by the U.S. Supreme Court. But it's not just outsiders who take issue with the U.S. Justice Department strategy: Up to one fourth of the department's own civil appellate staff has recently opted out of handling the government's cases against detainee appeals, two sources familiar with the matter tell U.S. News.
These conscientious objectors—their exact number is not known—have decided not to take part in the government's litigation against the detainees because of disagreements with the legal approach, these sources say. They would not elaborate on the specific reasons for the objections, but critics have long objected to the government's failure to formally charge detainees and have pushed for closing Guantánamo because of allegations of torture and inhumane conditions. Defense lawyers also contend that the government has stymied their cases by withholding documents and curbing client access.
The quiet rebellion has emerged in recent months among the approximately 56 attorneys in the appellate section of the Justice Department's civil division following a court ruling in February that placed the defense of the approximately 130 remaining Guantánamo cases under the responsibility of the appellate lawyers. More than 300 men captured shortly after the U.S. invasion of Afghanistan in 2001 are still being held at Guantánamo over alleged ties to terrorists, although all but a handful have never been formally charged with crimes.
Though the objectors have created some tension among the appellate staff, it's unclear that their opposition has hampered the government's efforts—especially because the court ruling will be reviewed by the Supreme Court this term. But the staff attorneys' objections highlight how dissension has grown even within the department's own ranks.
(Continued here.)
By Emma Schwartz
US News
The government's legal arguments justifying the detention of hundreds of people at the Guantánamo Bay naval base have been repudiated three times by the U.S. Supreme Court. But it's not just outsiders who take issue with the U.S. Justice Department strategy: Up to one fourth of the department's own civil appellate staff has recently opted out of handling the government's cases against detainee appeals, two sources familiar with the matter tell U.S. News.
These conscientious objectors—their exact number is not known—have decided not to take part in the government's litigation against the detainees because of disagreements with the legal approach, these sources say. They would not elaborate on the specific reasons for the objections, but critics have long objected to the government's failure to formally charge detainees and have pushed for closing Guantánamo because of allegations of torture and inhumane conditions. Defense lawyers also contend that the government has stymied their cases by withholding documents and curbing client access.
The quiet rebellion has emerged in recent months among the approximately 56 attorneys in the appellate section of the Justice Department's civil division following a court ruling in February that placed the defense of the approximately 130 remaining Guantánamo cases under the responsibility of the appellate lawyers. More than 300 men captured shortly after the U.S. invasion of Afghanistan in 2001 are still being held at Guantánamo over alleged ties to terrorists, although all but a handful have never been formally charged with crimes.
Though the objectors have created some tension among the appellate staff, it's unclear that their opposition has hampered the government's efforts—especially because the court ruling will be reviewed by the Supreme Court this term. But the staff attorneys' objections highlight how dissension has grown even within the department's own ranks.
(Continued here.)
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