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Response to Supreme Court Decisions

By Jeralyn, Section Terror Detainees
Posted on Mon Jun 28, 2004 at 02:30:29 PM EST
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The National Association of Criminal Defense Lawyers (NACDL) has issued a press release concerning today's historic Supreme Court decisions. Here's a snippet:

For over two years, the Bush Administration have tried to have it their
way, not the Constitutional way. These decisions are a stern rebuke. The
Executive Branch may not be the sole arbiter of who is detained and for how
long. Detainees must have access to counsel and the courts,” [NACDL President Bo] Edwards said.

President-Elect Barry Scheck, who met with Navy Secretary Gordon England June 23 to discuss the draft procedures for review of individual detainees, predicted that the Defense Department will go back to the drawing board. “The Secretary of the Navy’s administrative review procedures are dead in the water."

"The secretary can no longer be the final judge of who deserves repatriation and who must remain imprisoned year after year. Since the Court recognized today that all military detainees in U.S. territories, citizen and non-citizen alike, have the right to counsel, the Navy’s draft administrative review procedures, which do not allow legal counsel or outside review, are directly at odds with today’s decisions and must be completely revised to comply with the Court’s orders. Whatever the final procedures, any adverse determinations will be subject to review in a court of competent jurisdiction.”

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