RealNews

Former U.S. Judges Enter Fray Over Guantanamo Detentions

Three former federal judges from New Jersey have filed U.S. Supreme Court briefs opposing the detention, without judicial review, of 660 men at the Guantanamo Bay Naval Base in Cuba. One of the trio, John Gibbons, former chief judge of the 3rd U.S. Circuit Court of Appeals, will argue for the petitioners on the merits. The other two, Stephen Orlofsky and H. Lee Sarokin, put their names on an amicus brief by former judges who believe the federal judiciary needs the power of habeas review over people held by the U.S. government. The consolidated cases Gibbons will argue — Rasul v. Bush, 03-334, and Odah v. U.S., 03-343 — will force a final answer to a hard question: whether U.S. courts have the jurisdiction to consider habeas corpus challenges to the detention of foreign nationals captured in the post-Sept. 11 fighting in Afghanistan. Full Story

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