Politics with Marc Ambinder

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Apr 15 2009, 4:24 pm

Gitmo Detainee Ruling Of The Day

Seems like we get a ruling per day, so maybe I'll write about every ruling that comes down. Today's case involves discovery in the habeas hearing for Jawad Karbbar Sadkhan, who was captured by the U.S. military in 2002 and has been detained ever since on the suspicion that he was a Taliban commander. Sadkhan's lawyers want a lot of information from the government about his detention, including transcripts of every conversation their client had with interrogators -- even the government acknowledges he always proclaimed his innocence -- and every videotape or audio recording made of the sessions.  The judge ordered the government to undertake a reasonable effort to find as much of this stuff as possible.  Why is this case important? With every ruling, judges define, expand, limit, narrow various precedents about evidence and classified information. 

Comments (1)

That is an interesting ruling in the sense that discovery is where the state secrets doctrine originated: http://blogdredd.blogspot.com/2009/04/common-sense-about-state-secrets.html

This ruling is more like the House and Senate Bills that have been filed to improve the current ad hoc character of the law on the subject: http://blogdredd.blogspot.com/2009/04/state-secrets-bills-are-mostly-secret.html