Wrangling on D.C.’s federal court threatens to complicate the process of deciding the rights of military detainees in the war on terror.
Senior Judge Joyce Hens Green and Judge Richard Leon, both of the U.S. District Court for the District of Columbia, are preparing to rule independently on a government motion to dismiss all challenges filed by Guantanamo Bay inmates. . . .
[T]he double booking astounded lawyers involved in the cases, who had expected Green alone to decide common issues.
In September, the court’s judges designated Green to coordinate proceedings in the various cases and, to the extent possible, rule on common issues. Earlier this month, eight of the nine judges assigned Guantanamo Bay cases agreed to let Green decide the government’s motion to dismiss. The cases would return to the original judges for trial, if necessary. Leon was the only holdout.
Legal briefs on the motion to dismiss had been filed only before Green. The first indication that Leon would hear his cases separately came as Green scheduled oral arguments.
“It was quite a surprise to learn that our case was being carved out for arguments before Judge Leon,” says Robert Kirsch, a Boston-based partner with Wilmer Cutler Pickering Hale and Dorr who represents six detainees. “It’s hard to imagine a context where there are more common issues than where the issues had been joined and identified and briefed in a consolidated fashion.”
This ought to be interesting. Details here from Legal Times via Law.com.
Wrangling on D.C.’s federal court threatens to complicate the process of deciding the rights of military detainees in the war on terror.
Senior Judge Joyce Hens Green and Judge Richard Leon, both of the U.S. District Court for the District of Columbia, are preparing to rule independently on a government motion to dismiss all challenges filed by Guantanamo Bay inmates. . . .
[T]he double booking astounded lawyers involved in the cases, who had expected Green alone to decide common issues.
In September, the court’s judges designated Green to coordinate proceedings in the various cases and, to the extent possible, rule on common issues. Earlier this month, eight of the nine judges assigned Guantanamo Bay cases agreed to let Green decide the government’s motion to dismiss. The cases would return to the original judges for trial, if necessary. Leon was the only holdout.
Legal briefs on the motion to dismiss had been filed only before Green. The first indication that Leon would hear his cases separately came as Green scheduled oral arguments.
“It was quite a surprise to learn that our case was being carved out for arguments before Judge Leon,” says Robert Kirsch, a Boston-based partner with Wilmer Cutler Pickering Hale and Dorr who represents six detainees. “It’s hard to imagine a context where there are more common issues than where the issues had been joined and identified and briefed in a consolidated fashion.”
This ought to be interesting. Details here from Legal Times via Law.com.
Wrangling on D.C.’s federal court threatens to complicate the process of deciding the rights of military detainees in the war on terror.
Senior Judge Joyce Hens Green and Judge Richard Leon, both of the U.S. District Court for the District of Columbia, are preparing to rule independently on a government motion to dismiss all challenges filed by Guantanamo Bay inmates. . . .
[T]he double booking astounded lawyers involved in the cases, who had expected Green alone to decide common issues.
In September, the court’s judges designated Green to coordinate proceedings in the various cases and, to the extent possible, rule on common issues. Earlier this month, eight of the nine judges assigned Guantanamo Bay cases agreed to let Green decide the government’s motion to dismiss. The cases would return to the original judges for trial, if necessary. Leon was the only holdout.
Legal briefs on the motion to dismiss had been filed only before Green. The first indication that Leon would hear his cases separately came as Green scheduled oral arguments.
“It was quite a surprise to learn that our case was being carved out for arguments before Judge Leon,” says Robert Kirsch, a Boston-based partner with Wilmer Cutler Pickering Hale and Dorr who represents six detainees. “It’s hard to imagine a context where there are more common issues than where the issues had been joined and identified and briefed in a consolidated fashion.”
This ought to be interesting. Details here from Legal Times via Law.com.
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