Artful advocates advise this about addressing the court: if the facts are on your side, pound the facts; if the law is on your side, pound the law; if neither is on your side, pound the table. Adding to that adage, pusillanimous politicians propose undressing the court: if you fear its decision, strip it of jurisdiction.
This week, the U.S. Court of Appeals for the D.C. Circuit will hear arguments on whether the Labor Department has the authority to extend minimum wage and overtime protections to workers who provide home care assistance to elders and people with disabilities. This federal court case affects all of us.
It's time for the U.S. government to put an end to this fiasco. The legitimacy of such important terrorism cases as the September 11 attacks is not something to be disregarded, nor is the impact on the victims' families, who have yet to see justice done. All the military commission cases could be reliably tried in the seasoned and successful U.S. federal court system.
Walter Ruiz, Mustafa Ahmed Adam al Hawsawi's lawyer and a former Navy commander, told the court that Hawsawi's treatment needs stem from injuries he sustained under U.S.-sponsored torture. Ruiz wants to interview his client's doctors to learn more about the "ongoing bleeding" and "colorectal issues that stem from his time in captivity...."
It's hard to believe some senators are still complaining about these cases, claiming the government should instead send them to military commissions at Guantanamo Bay. Meanwhile, due in large part to those complaints, the five alleged September 11 co-conspirators remain stuck in lengthy pretrial hearings at Guantanamo.
I really hope family members of victims of the 9/11 attacks weren't planning on attending the hearings scheduled at Guantanamo Bay this week. It would be completely demoralizing to someone who suffered personally from the heinous mass murders that took place 13 years ago to find that once again, all efforts to bring the five alleged perpetrators to justice had stalled, and once again, no one's allowed to know why.
Critics have expressed legitimate concerns about U.S. conspiracy law, saying it's too easy to convict some people accused of low-level terrorist assistance and sentence them to hard time in highly restrictive prisons. But the claim that the U.S. prison system gives terrorists rights that ought to be reserved for U.S. citizens is simply impossible to support.
The invocation of the nuclear option last November addressed a real problem with the functioning of the Senate, paved the way for a new generation of insightful legal minds to join the ranks of the federal judiciary, and has allowed the president to address the nation's judicial vacancy crisis by accelerating the pace of confirmations. We are all better off for it.
When Col. John Bogdan took the witness stand at Guantanamo Bay, Cuba, he'd been called to testify about the strict limits he's imposed on defense attorneys' visits with their death penalty clients. The attorneys representing the defendants accused of masterminding the 9/11 terrorist attacks claim his rules make their jobs unreasonably onerous.