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In the Supreme Court of the United States
No. ________ In the Supreme Court of the United States KHALED A. F. AL ODAH, ET AL., PETITIONERS, v. UNITED STATES OF AMERICA, ET AL., RESPONDENTS. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT PETITION FOR WRIT OF CERTIORARI DAVID J. CYNAMON THOMAS B. WILNER MATTHEW J. MACLEAN COUNSEL OF RECORD OSMAN HANDOO NEIL H. KOSLOWE PILLSBURY WINTHROP AMANDA E. SHAFER SHAW PITTMAN LLP SHERI L. SHEPHERD 2300 N Street, N.W. SHEARMAN & STERLING LLP Washington, DC 20037 801 Pennsylvania Ave., N.W. 202-663-8000 Washington, DC 20004 202-508-8000 GITANJALI GUTIERREZ J. WELLS DIXON GEORGE BRENT MICKUM IV SHAYANA KADIDAL SPRIGGS & HOLLINGSWORTH CENTER FOR 1350 “I” Street N.W. CONSTITUTIONAL RIGHTS Washington, DC 20005 666 Broadway, 7th Floor 202-898-5800 New York, NY 10012 212-614-6438 Counsel for Petitioners Additional Counsel Listed on Inside Cover JOSEPH MARGULIES JOHN J. GIBBONS MACARTHUR JUSTICE CENTER LAWRENCE S. LUSTBERG NORTHWESTERN UNIVERSITY GIBBONS P.C. LAW SCHOOL One Gateway Center 357 East Chicago Avenue Newark, NJ 07102 Chicago, IL 60611 973-596-4500 312-503-0890 MARK S. SULLIVAN BAHER AZMY CHRISTOPHER G. KARAGHEUZOFF SETON HALL LAW SCHOOL JOSHUA COLANGELO-BRYAN CENTER FOR SOCIAL JUSTICE DORSEY & WHITNEY LLP 833 McCarter Highway 250 Park Avenue Newark, NJ 07102 New York, NY 10177 973-642-8700 212-415-9200 DAVID H. REMES MARC D. FALKOFF COVINGTON & BURLING COLLEGE OF LAW 1201 Pennsylvania Ave., N.W. NORTHERN ILLINOIS Washington, DC 20004 UNIVERSITY 202-662-5212 DeKalb, IL 60115 815-753-0660 PAMELA CHEPIGA SCOTT SULLIVAN ANDREW MATHESON DEREK JINKS KAREN LEE UNIVERSITY OF TEXAS SARAH HAVENS SCHOOL OF LAW ALLEN & OVERY LLP RULE OF LAW IN WARTIME 1221 Avenue of the Americas PROGRAM New York, NY 10020 727 E. -
Victorian Bar News
End of Financial Year Book Sale Visit www.lexisnexis.com.au/booksale to take advantage of discounted purchase prices on selected LexisNexis book titles, saving you up to 25 %, until 30 June 2004. Don 't miss out on these great offers! Contact Us Customer Relations Phone: 1800 100 161 (Lines are open 8.00am-8.00pm EST Mon-Fri) Email: [email protected] Fax: 1800800122 Web: www.lexisnexis.com.au No. 128 AUTUMN 2004 Contents EDITORS'BACKSHEET 5 The New Despotism CHAIRMAN'S CUPBOARD 7 Judges' Remuneration ATTORNE~GENERAVSCOLUMN 10 Justice Statement a "Groundbreaking Analysis of the Attomey-General's Entire Portfolio" PRACTICE NOTES Welcome: Sue Welcome: Stephen Obituary: Allayne 12 Legal Practice Act 1996 Crennan QC William Kaye Kiddie 13 Legal Profession Tribunal- Publication of Orders WELCOMES 16 Justice Susan Crennan 17 Justice Stephen Kaye OBITUARIES 19 Aliayne Kiddle 20 Leslie George Crisp ARTICLES 22 Independence and the Bar 26 Bush Lawyers David Hicks' US Servicesjor the Opening oj the Legal Year NEWS AND VIEWS Military Lawyer Visits 30 Exchange Chambers Melbourne 32 Unveiling of Tapa Cloth 34 Bar Reception for Pro Bono Practitioners and Farewell to Samantha Burchell 38 Services for the Opening ofthe Legal Year 45 Major Michael Mori, David Hicks' US Military Lawyer, Visits Melbourne 46 Justice Gaudron Opens Gaudron Chambers in Republic Tower 47 The Balance of Improbabilities 48 Verbatim The Opening oj Gaudron The Victorian Bar's Children's 49 The Victorian Bar's Children's Christmas Party Chambers by Justice Gaudron in Christmas Party 52 The New Silks - and Their Way to the Top The Republic Tower 54 High Court Welcomes Victorian New Silks 55 Launch of Compulsory Legal Education Program 56 Solomon Islands' New Solicitor-General Farewelled 57 A Bit About Words/Shifting Sands 58 A New Supreme Court Building? I Think Not. -
Brooks Pierce Election Update, March 4, 2020
Brooks Pierce Election Update, March 4, 2020 03.04.2020 North Carolina Voters Cast Primary Ballots Over 2.1 million North Carolina voters cast primary election ballots on March 3 and during the early voting period. Most races have been decided, but a few may require runoffs. In races where no candidate receives 30% of the vote, the second place finisher may call for a runoff. Given that many political observers see North Carolina as a “purple” state, the November elections are expected to be hotly contested. While the official results have not yet been certified and the possibility for recounts or runoffs in some races remains… Here’s what we know: President President Donald Trump (R) won the Republican contest with 94% and Democrat Joe Biden won his party’s primary with 43 % to 24 % for Bernie Sanders, 13% for Michael Bloomberg and 10% for Elizabeth Warren. Governor Democratic Gov. Roy Cooper and Republican Lt. Gov. Dan Forest both won their party’s primary by large margins and will face off in November. Lt. Governor Republican Mark Robinson appears to have won with 33% and there may be a runoff on the Democratic side between Wake County Rep. Yvonne Holley (27%) and Buncombe County Sen. Terry Van Duyn (20%). Attorney General Democratic Attorney General Josh Stein will face Republican winner Jim O’Neill, the Forsyth County District Attorney, who received 47%. Agriculture Republican Commissioner Steve Troxler will face Democratic winner Jenna Wadsworth, a Wake County Soil and Water Supervisor, who received 54%. Auditor BROOKSPIERCE.COM Brooks Pierce Election Update, March 4, 2020 Democratic Auditor Beth Wood will face Republican Tony Street, a Brunswick County businessman, who received 56%. -
Detainee Assessment
S E C R E T / / NOFORN / / 20330609 DEPARTMENT OF DEFENSE HEADQUARTERS, JOINT TASK FORCE GUANTANAMO U.S. NAVAL STATION, GUANTANAMO BAY, CUBA APO AE 09360 JTF-GTMO-CDR 9 June 2008 MEMORANDUM FOR Commander, United States Southern Command, 3511 NW 9lst Avenue, Miami, FL 33172 SUBJECT: Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9PK-001460DP (S) JTF-GTMO Detainee Assessment 1. (S//NF) Personal Information: ○ JDIMS/NDRC Reference Name: Abdul Rabbani Abu Rahman ○ Current/True Name and Aliases: Abdul Rahim Gulam Rabbani, Abu Rahim Moulana Gulam Rabbani, Khalid al- Pakistan, Sayyid Amin, Abu Rahama ○ Place of Birth: Mecca, Saudi Arabia (SA) ○ Date of Birth: 1969 ○ Citizenship: Pakistan (PK) ○ Internment Serial Number (ISN): US9PK-00001460DP 2. (U//FOUO) Health: Detainee is in overall good health. 3. (U) JTF-GTMO Assessment: a. (S) Recommendation: JTF-GTMO recommends this detainee for Continued Detention Under DoD Control (CD). JTF-GTMO previously recommended detainee for Continued Detention Under DoD Control (CD) on 9 August 2007. b. (S//NF) Executive Summary: Detainee admitted working directly for Khalid Shaykh Muhammad, ISN US9KU-010024DP (KU-10024), as an al-Qaida facilitator from early 2000 to September 2002. Detainee’s duties included managing several Karachi, Pakistan (PK),safe houses. Detainee had direct access with many high-level al-Qaida members, CLASSIFIED BY: MULTIPLE SOURCES REASON: E.O. 12958, AS AMENDED, SECTION 1.4(C) DECLASSIFY ON: 20330609 S E C R E T / / NOFORN / / 20330609 Downloaded from The Rendition Project www.therenditionproject.org.uk Source: the New York Times S E C R E T / / NOFORN / / 20330609 JTF-GTMO-CDR SUBJECT: Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9PK-001460DP (S) including Usama Bin Laden (UBL); Ayman al-Zawahiri; Muhammad Atef, aka (Abu Hafs al-Masri); and Nashwan Abd al-Razzaq Abd al-Baqi, aka (Abdul Hadi al-Iraqi), ISN US9IZ- 010026DP (IZ-10026). -
Forensic Mental Health Evaluations in the Guantánamo Military Commissions System: an Analysis of All Detainee Cases from Inception to 2018 T ⁎ Neil Krishan Aggarwal
International Journal of Law and Psychiatry 64 (2019) 34–39 Contents lists available at ScienceDirect International Journal of Law and Psychiatry journal homepage: www.elsevier.com/locate/ijlawpsy Forensic mental health evaluations in the Guantánamo military commissions system: An analysis of all detainee cases from inception to 2018 T ⁎ Neil Krishan Aggarwal Clinical Psychiatry, Department of Psychiatry, Columbia University Medical Center, Committee on Global Thought, Columbia University, New York State Psychiatric Institute, United States ABSTRACT Even though the Bush Administration opened the Guantánamo Bay detention facility in 2002 in response to the September 11, 2001 attacks in the United States, little remains known about how forensic mental health evaluations relate to the process of detainees who are charged before military commissions. This article discusses the laws governing Guantánamo's military commissions system and mental health evaluations. Notably, the US government initially treated detaineesas“unlawful enemy combatants” who were not protected under the US Constitution and the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment, allowing for the use of “enhanced interrogation techniques.” In subsequent legal documents, however, the US government has excluded evidence obtained through torture, as defined by the US Constitution and the United Nations Convention Against Torture. Using open-source document analysis, this article describes the reasons and outcomes of all forensic mental health evaluations from Guantánamo's opening to 2018. Only thirty of 779 detainees (~3.85%) have ever had charges referred against them to the military commissions, and only nine detainees (~1.16%) have ever received forensic mental health evaluations pertaining to their case. -
Press Release
PRESS RELEASE March 20, 2006 Commander at Guantanamo Reportedly Unaware of Some Abuse BY CAROL ROSENBERG Knight Ridder Newspapers MIAMI - As commander of prison operations at Guantanamo Bay, Cuba, Army Maj. Gen. Geoffrey Miller would boast that he had a hand in all the operations - from looking over the shoulders of interrogators at work to oversight of sports activities for soldiers guarding terror suspects. Not so, says Time magazine in a report published Monday morning that exonerates the commander from responsibility from one of the crudest cases of abuse at the Pentagon's showcase prison in southeast Cuba. An Army investigation obtained by the magazine found that Miller had no knowledge that interrogators unleashed an array of abuse and humiliation on a Saudi captive considered by some at Military Intelligence to have been a candidate for 20th hijacker in the Sept. 11 attacks. "Miller was unaware a canine had been used to intimidate alleged `20th hijacker' Mohammed al Qahtani, or that al Qahtani was forced to don women's underwear and perform dog tricks - even though Miller was intimately involved in planning the interrogation," Time reports, quoting a report by the Army Inspector General, Lt. Gen. Stanley Green. U.S. officials turned Qahtani away from entering the United States at Orlando International Airport in August 2001, but later captured him in south Asia and sent him to Guantanamo. Another suspected 20th hijacker, Frenchman Zacarias Moussaoui, was already in U.S. custody, but that didn't stop U.S. military interrogators from suspecting the Saudi as well. Qahtani's attorney says he was subjected to such a cruel stream of abusive interrogation that he gave a false confession, which he now recants. -
Law Research Report Contents Final.Indd
Faculty of Law 2005 Research Report Contents Message from the Associate Dean (Research) 1 Funded Research 2 Grants Commencing in 2005 3 Selected Grants in Progress 6 Grants Completed in 2005 9 Centres and Institutes 16 Asia Pacifi c Centre for Military Law 17 Asian Law Centre 20 Centre for Employment and Labour Relations Law 23 Centre for Comparative Constitutional Studies 26 Centre for Corporate Law and Securities Regulation 28 Centre for the Study of Contemporary Islam 30 Institute for International Law and the Humanities 32 Intellectual Property Research Institute of Australia 34 The Tax Group 36 Centre for Media and Communications Law 38 Academic Research Profi les 39 Jeremy Gans 40 Loane Skene 42 Miranda Stewart 44 Published Research 46 Journals and Newsletters 57 Journal Affi liations 61 Faculty Research Workshop 68 International Research Visitors Scheme 72 Student Published Research Prize 73 Academic Staff 74 Research Higher Degrees Completed in 2005 84 Research Higher Degrees in Progress 85 Message from the Associate Dean (Research) Faculty of Law 2005 Research Report 1 Message from the Associate Dean (Research) It is a great pleasure to present the 2005 Research Report, topics discussed at the Faculty Research Workshop convened which provides an overview of the research activities in the by Associate Professor Andrew Kenyon during 2005. Faculty of Law during 2005. The Faculty’s Research Higher Degree (RHD) candidates In 2005 Faculty members began work on nine new research make an important contribution to the Faculty’s research projects funded by the Australian Research Council. Details endeavours. Sixteen of the Faculty’s RHD candidates of those projects are provided in this report, along with an successfully completed their theses in 2005, making it a update on two funded projects in progress and the outcomes particularly successful year for our RHD program. -
El Viaje De La Muerte”1
Informe de la ONG británica Reprieve que sacó del anonimato muchas historias de presos de Guantánamo y cómo EEUU los compró “El viaje de la muerte”1 Más de 700 prisioneros fueron enviados ilegalmente a Guantánamo con la ayuda de Portugal Reprieve, 28 de enero de 2008 Traducido del inglés para Rebelión por Germán Leyens La organización británica Reprieve muestra de modo concluyente que territorio y espacio aéreo portugueses han sido utilizados para transferir a más de 700 prisioneros para ser torturados y encarcelados ilegalmente en Guantánamo. Mediante la comparación de registros de vuelo obtenidos de las autoridades portuguesas,2información del Departamento de Defensa de EE.UU. mostrando fechas de llegada de prisioneros a Guantánamo, y testimonios no confidenciales de los propios prisioneros, 3 Reprieve puede identificar por primera vez a 728 prisioneros enviados a Guantánamo pasando por la jurisdicción portuguesa. La investigación también muestra que Portugal ha jugado un papel sustancial de apoyo en el programa general de entregas [‘extraordinarias’]. Por lo menos nueve prisioneros transportados pasando por la jurisdicción portuguesa fueron severamente torturados en prisiones secretas en todo el mundo antes de su llegada a Guantánamo.4 Vuelos de entregas de prisioneros a Guantánamo pasando por jurisdicción 1 Definición de Adil Zamil, prisionero transportado en el Vuelo RCH108Y que pasó por jurisdicción portuguesa hacia Guantánamo: “Llamo el viaje a Guantánamo ‘El viaje de la muerte.’ Discretamente estuve deseando que el avión se cayera para terminar con el dolor que sentía.” Fuente: “Kuwaiti Gitmo Detainees Speak Out about Abuse” [Detenidos en Guantánamo hablan del abuso], de Rania El Gamal, Kuwait Times, 1 de diciembre de 2006 2 Registros de vuelo obtenidos por Ana Gomes, miembro del Parlamento Europeo, en 2006 revelan que aviones cruzaron en por lo menos 94 ocasiones el espacio aéreo portugués en camino a, o desde, Guantánamo entre 2002 y 2006. -
Transcript: NC-11 Congressional Debate, Sept
Transcript: NC-11 congressional debate, Sept. 30, Asheville, N.C. NC-11 congressional candidates Madison Cawthorn and Moe Davis debated in Asheville on Sept. 30. This debate, hosted by Carolina Public Press and WLOS and broadcast here and on WMYA My40 and wlos.com, featured Holly Headrick, News 13 weekday anchor, and Carolina Public Press Managing Editor Frank Taylor moderating. Note: The following is the output of transcribing from an audio recording. Although the transcription is largely accurate, in some cases it is incomplete or inaccurate due to inaudible passages or transcription errors. It is posted as an aid to understanding the proceedings of this event, but should not be treated as an authoritative record. Holly Headrick, News 13 WLOS 0:05 It's one of the most talked about races of the 2020 campaign, who will fill the vacant seat in North Carolina's 11th district House of Representatives. Madison Cawthorn, considered a rising star among Republicans is promising to bring fresh ideas to Washington. (natural sound from tape) Madison Cawthorn, Republican Candidate NC 11 0:20 It's time for term limits. Time to shake up washington dc Holly Headrick, News 13 WLOS 0:23 Democrat Moe Davis is running on experience and his military record. (natural sound from tape) Moe Davis, Democratic candidate NC 11 0:27 We need leadership that puts country over party. Holly Headrick, News 13 WLOS 0:30 It's a race that's gotten national exposure, primarily because the Republican who held the office, Mark Meadows is now President Trump's White House Chief of Staff. -
Approved for Public Filing by the CSO V
Case 1:05-cv-02386-UNA Document 84 Filed 07/19/2006 Page 1 of 9 Approved for Public Filing by the CSO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMER MOHAMMON, et ai., ORAL ARGUMENT REQUESTED Petitioners, v. Civil Action No. 05 CV 2386 (RBW) (AK) GEORGE W. BUSH, et aZ., Respondents. EMERGENCY MOTION OF PETITIONERS ABDUL GHAFFAR AND ADEL NOORI FOR ACCESS TO COUNSEL AND TO HOLD RESPONDENTS IN CONTEMPT KU ::m!643 2 Case 1:05-cv-02386-UNA Document 84 Filed 07/19/2006 Page 2 of 9 Approved for Public Filing by the CSO Petitioners Abdul Rahman aJk/a Abdul GhatTar (ISN 281) and Adel LNU aJk/a Adel Noori (ISN 584), by and through their undersigned counsel, respectfully submit this emergency motion for access to their counsel, who are scheduled to visit the U.S. Naval Station at Guantiinamo Bay, Cuba ("Guantanamo"), between July 24 and July 28, 2006. Petitioners also seek the sanction of contempt for Respondents' refusal to comply with the Amended Protective Order and allow them access to their counsel - without a good faith basis, and apparently solely for the purpose of delay. INTRODUCTION Petitioners are Uighurs, a Turkic Muslim minority group native to the Xianjiang Autonomous Region, in western China. We have reason to believe and Respondents have not denied - that Petitioners may have been cleared for release from Guantiinamo. Respondents nonetheless refuse to aJlow Petitioners access to their counsel, who seek, in part, to confirm that Petitioners have been exonerated. Undersigned cO\ll1sel filed a notice of appearance in this case on June 15, 2006. -
GUANTANAMO BAY and OMAR KHADR Introduction
GUANTANAMO BAY AND OMAR KHADR Introduction On July 27, 2002, a U.S. military unit by Osama bin Laden, was responsible Focus on patrol near Khost, in Afghanistan, for the terrorist attacks on New This News in Review story focuses on the stormed a bunker containing a band of York City and Washington, D.C., on case of Omar Khadr, Al Qaeda fighters operating in support September 11, 2001. Khadr’s father, a the young Canadian of Taliban insurgents fighting the NATO native of Egypt, moved the family to who has been held occupation of the country. In the ensuing Afghanistan in the 1990s, where he in the U.S. military firefight and bombing, three insurgents ran a charity organization for orphans. prison in Guantanamo and one American soldier were killed. As He strongly supported the extremist Bay, Cuba, since 2002 the dead and wounded Al Qaeda fighters Taliban regime then ruling the country and the controversy surrounding his were dragged from the bombed-out and was a personal friend of bin Laden. detention there and ruins of their compound, the U.S. troops He encouraged his four sons—Omar, possible release. were astonished to discover that one of Abdurahman, Abdullah and Abdul—to them, a 15-year-old boy, was a Canadian undergo training as jihadists, or Islamic who spoke perfect English. His name holy warriors, against the United States. Did you know . was Omar Khadr, and his subsequent Omar became separated from his father Omar Khadr would have most likely died detention as an alleged “unlawful after the fall of the Taliban during the on the battlefield enemy combatant” in the U.S. -
Inter-American Committee Against Terrorism (CICTE)
InterInter--AmericanAmerican CommitteeCommittee againstagainst TerrorismTerrorism (CICTE)(CICTE) Secretariat for Multidimensional Security (SMS) Organization of American States (OAS) COUNTER-TERRORISM ACTIVITIES Best Practices Workshop on Travel Document Security Inter-American Committee against Terrorism - Newsletter No. 57 CICTE, in cooperation with the Machine Readable Travel Document (MRTD) Program of the International Civil Aviation Organization (ICAO), has initiated a project of subregional June, 2008 Best Practices Workshops on Travel Document Security under its Document Security and Fraud Prevention Program. The first workshop was hosted by the Ministry of Public Secu- Highlights: rity and Justice of El Salvador in San Salvador June 9-11, 2008, and funded by the Gov- ernment of Canada. Forty-four (44) participants from eight (8) countries participated in the Editorial 2 workshop: Costa Rica, Guatemala, Honduras, Nicaragua, Panama, Dominican Republic, Best Practices Workshop 3 Mexico and the host country El Salvador. on Port Security for the Andean Region The principal objectives of the three Basic and Advanced Train- 4 (3) day session were to strengthen ing for Airport Security the capacity of passport-issuing Officers personnel, law enforcement, cus- Radicalization of Terrorism 5 toms, and immigration agents to in the UK improve the security of identity and RECENT TRAINING AND 6 travel documents and to increase CONFERENCE EVENTS their capacity to prevent and detect their alteration or fraudulent use. UPCOMING EVENTS 7 Experts from North and South Peru's Shining Path Guer- 8 America and Europe, as well as rillas on the Rise Again from ICAO, INTERPOL, and the Organization for Security and Co- Spain extradites alleged 9 operation in Europe addressed four arms dealer to U.S.