Habeas Works

Today I attended a briefing on Habeas Works, a report issued by Human Rights First and the Constitution Project. The event took place at noon in SVC 202 and was followed with a short Q&A session. C-SPAN was there to film the event.

I was charged with the duty of manning the check in table and taking notes for HRF.

The report examines two years of habeas litigation with the position that it is unwise and unnecessary for Congress to become involved. The system, as is, carefully monitors both issues of national security and civil liberties.
Panelists: Judge Lewis (appointed to the United States Court of Appeals for the Third Circuit by President George H. W. Bush; served 1992-1999) & Doug Spalding (council in habeas litigation for three Guantanamo detainees)

Judge Lewis: outlined the issue by dividing it into a “right and a wrong approach.” The wrong approach comes from those arguing for new laws regarding habeas cases. His stance is that those individuals either do not understand the limits of Congressional power or do not understand the nature of the judiciary process. The totality of allegations cannot be spelled out in a code or statute (ex: detainee at a training camp—how long was he there, did he leave out of his own free will?, statements under coercion, admissibility of hearsay). The right approach is the jurisprudence surrounding Guantanamo detainees, as is. The current process protects national security and detainee interests.

Doug Spalding: Also offered no objections to the process of the judges in Habeas cases. Spalding cited the record of how judges have decided habeas cases as a suggestion that the process is an appropriate one in which facts are weighed against one another and decisions are made accordingly. His only frustration is with the delay in the process, but not with the federal district courts. Spalding also emphasized that these cases involve real “flesh and blood.”

Both panelists were adamant that the Federal Courts have proven their capacity to handle Guantanamo cases. Overall, the briefing offered interesting discussion and with over 70 people in attendance was a PR success.

LT