Guantanamo Litigation

[Xenocrates]

http://news.bbc.co.uk/1/hi/england/4764153.stm

Four former Guantanamo Bay detainees have been given the right to bring a lawsuit against the US government for violating their religious beliefs.

I've often been to Tipton in the black country where these men were born; it's a real dump.

What do you think their chances of winning the legal action are?
I'd say they won't lose, but I'm not an expert on US law and miscarriages of justice aren't unknown.

How will the US defend the case?
Probably try to cast doubt on the character of the men and pressure the judge.

What's the timescale?
The US will try to draw it out, but how much I don't know.

We haven't had a legal thread for a while (if at all). I guess there aren't any solicitors here as they're all out chasing dollars. But let's try to think through the legal case and try to predict how it will go, instead of the morality of the issue.

 

[Brian_B]

How will the US defend the case?
Probably try to cast doubt on the character of the men and pressure the judge.

What's the timescale?
The US will try to draw it out, but how much I don't know.

We haven't had a legal thread for a while (if at all). I guess there aren't any solicitors here as they're all out chasing dollars. But let's try to think through the legal case and try to predict how it will go, instead of the morality of the issue.

Yes... you've gotten it off to a great start. As a lawyer I can tell you the two answers you gave above are just ludicrous and are obviously intended as thinly veiled shots at the government and hardly a basis for thinking through the legal case. If you want to know how they will really defend the case the first step is going to be an appeal regarding whether or not the federal statute in question does indeed extend to territories and holdings of the United States. The judge will not be "pressured." Such a statement is absurd. Federal judges in America have life tenure, they are not pressured into anything. Moreover, on appeal, the case goes to a panel of three judges on the Circuit level. If he's overturned, it will be as a matter of law, not because of political pressure. And no, the government won't delay/stall the case. The justice system in America works slowly. It works slowly for everyone. Not because of political issues but because there are thousands upon thousands of cases clogging up the federal courts system.

 

[Xenocrates]

Thanks for giving the party line Brian.

OK, assuming there's no underhand strategy how will the case play out?

 

[Xenocrates]

If you want to know how they will really defend the case the first step is going to be an appeal regarding whether or not the federal statute in question does indeed extend to territories and holdings of the United States.

OK what's the difference between US territory and the US proper?

If US law is applied to a territory does that make it de facto part of the USA?

We just had a case here where a hacker was extradited (pending appeal) to the USA. His defence argued that as he had been described as a danger to US interest, he might be incarcerated at a detention facility devoted to holding other such people. Namely Guantanamo bay. The judge accepted an unsigned letter from the American embassy that promised that he would not be put into Guantanamo. This appears to be evidence that British judges, at least, aren't resistant to political pressure. So let's assume that US judges are different and think this through, as if we expect it to be played by the book.