Here is a link to a Blog of the Legal Times article on D.C. District Court Chief Judge Royce Lamberth’s ruling against DoD in the continuing battle over rules that govern military commission [habeas] defense counsel.  The article states:

A federal judge in Washington, in a strong rebuke today against the government, refused to change the rules that have long governed communication and meetings between Guantanamo Bay detainees and their lawyers.

Chief Judge Royce Lamberth ruled against an attempt by the U.S. Justice Department to put more control in the hands of the Defense Department over counsel-access issues in certain cases. DOJ lawyers argued the changes should apply to detainees and their lawyers who are no longer actively litigating a detention challenge.

Judge Lamberth’s decision is here. Updated to reflect the nuance pjr readers yearn for.

6 Responses to “Judge Lamberth Slaps Down DoD Military Commission [Habeas] Counsel Rules”

  1. G from CA says:

    This post is inaccurate. The ruling pertains to DOJ guidelines for habeas cases that are no longer active. I do not believe it has much to do directly with the commissions, at least the few that are active in the criminal context. The ruling also has nothing to do with defense counsel in military commissions, since again, the ruling relates to habeas cases.

  2. Charlie Gittins says:

    Judge Lamberth has always been dubious of the Government.  It will be a sad day when he retires because we’ll be left with Gov rubber stamp judges like John Bates.


  3. Dew_Process says:

    G, you’re right — this is limited to six habeas litigation cases which are not presently before the military commissions.

  4. Mike "No Man" Navarre says:

    I think the post is right because it quotes the article that states the nuance G mentions. But I added the nuance G suggested because we can’t miss an opportunity to be 100% accurate here at this little blog of ours.

  5. Gene Fidell says:

    It will indeed be a sad day when Chief Judge Lamberth retires, but I do not agree that Judge Bates is a rubber stamp for the government or that many/most/all of his colleagues are. 

  6. Mike "No Man" Navarre says:

    And I am not just saying this because he’s a former Steptoe lawyer, but I would agree with Gene on Judge Bates.  I have found him relatively even handed and thoughtful in the cases I’ve been involved in before him.