Goldstein & Margulies on Guantanamo
From the PROVIDENCE JOURNAL: "R.I. lawyers urge action on Guantanamo detainees: Their former client is among the last being held at detention camp in Cuba" by Katie Mulvaney, Journal Staff Writer
PROVIDENCE, Jan. 15, 2012 –– Northern Alliance forces captured Mullah Norullah Noori in 2001, after a days-long battle in Northern Afghanistan. Ten years later, Noori remains one of 171 men still held by the United States in a detention camp at Guantanamo Bay, Cuba. [...] His former lawyers, Patricia A. Sullivan and Deming E. Sherman, partners at Edwards Wildman Palmer in Providence, insist the government has it wrong. [...]
It’s a view shared by Jared Goldstein, a Roger Williams University School of Law professor. Goldstein was one of the first civilian lawyers allowed into the Guantanamo Bay prison in 2002 while working as an associate at Shearman & Sterling in Washington, D.C. Goldstein helped recruit Sherman and Sullivan to take on Noori’s case.
"It’s incredible 10 years later people are still being held without charges,” Goldstein said. Most detainees who have not been charged, like Noori, are looking at life in prison, he said.
Roger Williams University School of Law Prof. Peter S. Margulies draws a distinction between criminals who are charged and prosecuted for a crime and the detainees who are broadly accused of being part of a force that is hostile to the United States.
Margulies, who also helped recruit Sullivan and Sherman, supports the Obama approach to the detainees to date. But he hopes the U.S. Supreme Court will overturn an appeals court decision that affords a presumption in favor of intelligence reports produced by the government in assessing whether a detainee should be released. Those reports could be unreliable and therefore need the safeguard of judicial review, he said. The question, Margulies said, is will there be a meaningful review of their case? He opines on the issue on a blog called Lawfare.
He credited lawyers such as Sherman and Sullivan with upholding the best traditions of the legal profession.
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