A. Raymond Randolph | |
---|---|
Senior Judge of the United States Court of Appeals for the District of Columbia Circuit | |
Assumed office November 1, 2008 | |
Judge of the United States Court of Appeals for the District of Columbia Circuit | |
In office July 16,1990 –November 1,2008 | |
Appointed by | George H. W. Bush |
Preceded by | Spottswood William Robinson III |
Succeeded by | Sri Srinivasan |
Deputy Solicitor General of the United States | |
In office 1975–1977 | |
Personal details | |
Born | Riverside Township,New Jersey,U.S. | November 1,1943
Education | Drexel University (BS) University of Pennsylvania (JD) |
Arthur Raymond Randolph (born November 1,1943) is an American lawyer and jurist serving as a senior U.S. circuit judge of the U.S. Court of Appeals for the District of Columbia. He was appointed to the D.C. Circuit in 1990 by President George H. W. Bush and assumed senior status in 2008.
Randolph was born in Riverside Township,New Jersey,on November 1,1943. [1] He grew up in two communities in New Jersey:Palmyra and the Glendora section of Gloucester Township. He graduated from Triton Regional High School in 1961,as part of the school's first graduating class. [2]
Randolph graduated from Drexel University in 1966 with a Bachelor of Science degree in economics and engineering. At Drexel,he was president of the debate society,vice president of the Student Senate,and a member of the varsity wrestling squad. He then attended the University of Pennsylvania Law School,where he was managing editor of the University of Pennsylvania Law Review . He graduated in 1969 with a Juris Doctor degree,summa cum laude, [3] having been first in his class all three years. To pay college expenses,he concurrently was a General Motors factory worker in law school. [4]
Randolph was a law clerk for Judge Henry Friendly of the U.S. Court of Appeals for the Second Circuit from 1969 to 1970,then began a career in law in Washington,D.C.,moving between private practice,government,and academia.[ citation needed ]
He started as an Assistant to the United States Solicitor General for three years,briefing and arguing cases in the Supreme Court of the United States. In 1973 he went into private practice at the law firm Miller,Cassidy,Larroca &Lewin (now part of Baker Botts),where he represented government officials in the Watergate controversy,including former Attorney General Richard Kleindeinst and then President Richard Nixon after the President left office.
Randolph returned to the Department of Justice as Deputy U.S. Solicitor General to Solicitor General Robert H. Bork from 1975 to 1977. He was also a adjunct Professor at Georgetown University Law Center from 1974 to 1978,teaching civil procedure and injunctions. In 1979,Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct of the United States House of Representatives,remaining in this position until 1980. Then in private practice he became a partner at Pepper Hamilton (now Troutman Pepper) until his judicial appointment in 1990.
He held a number of positions while in private practice,including Special Assistant Attorney General for the states of New Mexico (1985–90),Utah (1986–1990) and Montana (1983–1990). He also served as a member of the Advisory Panel of the Federal Courts Study Committee. From 1971 until his appointment to the court in 1990,Randolph argued 25 times in the United States Supreme Court. [5]
Randolph was nominated by President George H. W. Bush on May 8,1990,to a seat on the United States Court of Appeals for the District of Columbia Circuit vacated by Judge Spottswood William Robinson III. [6] [7] He was confirmed by the United States Senate on July 13,1990,and received commission on July 16,1990. He assumed senior status on November 1,2008. [8]
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States,and from 1995 to 1998 he served as the Committee's chairman.[ citation needed ]
Over the years,Judge Randolph accepted all expenses paid fishing trips to Alaska from billionaire Paul Singer and multi-millionaire Robin Arkley II,even though Singer and Arkley had business before the federal courts. Judge Randolph failed to report these "gifts" and claimed that the court clerk said he did not need to report the trips. [9]
In 2006,Judge Randolph found that a rule by Security and Exchange Commission requiring hedge funds to consider natural persons as clients was arbitrary and capricious. [10] In June 2017,Randolph partially dissented when the court found that the Foreign Sovereign Immunities Act did not prevent the survivors of a Holocaust victim from suing to recover art stolen by Nazi plunderers. [11] [12]
Al Odah v. United States was the first appeal before the D.C. Circuit challenging the Bush Administration's policies regarding detention of suspected terrorists at Guantanamo Bay. In Al Odah,Judge Randolph wrote for a unanimous panel that the detainees at Guantanamo Bay did not have rights under the United States Constitution. That decision was reversed by the Supreme Court in Rasul v. Bush . The United States Congress subsequently passed the Detainee Treatment Act,which was intended to reverse the effect of the Supreme Court's decision in Rasul .
Judge Randolph also wrote the majority opinion for the D.C. Circuit in Hamdan v. Rumsfeld . Hamdan involved a challenge to the Bush Administration's military commissions to try designated "enemy combatants" at Guantanamo Bay. Judge Randolph held for a unanimous court that the Administration had authority to conduct the commissions and that they were not in violation of the Geneva Conventions. Judge Stephen Williams concurred in the judgment,disagreeing on the latter point. The Supreme Court reversed the D.C. Circuit in Hamdan v. Rumsfeld . Again,the United States Congress passed legislation,this time the Military Commissions Act of 2006,to reverse the effect of the Supreme Court's ruling.
Rasul v. Bush became Boumediene v. Bush when it came again before the D.C. Circuit. Judge Randolph again wrote the majority opinion. In Boumediene the court upheld the Military Commissions Act,which stripped the federal courts of jurisdiction to hear petitions of habeas corpus from aliens detained by the US Military. This time Judge Judith Rogers dissented. The petitioners in Boumediene asked the Supreme Court to reverse Judge Randolph's opinion. The Court denied their petition,but,in an unusual move,later reversed itself and granted certiorari,then reversed. [13]
In March 2017,Randolph argued that the public has no First Amendment right to access prisoners' court filings when the court,unanimous in judgment but in divided opinions,found that the press could not access classified video of Jihad Ahmed Mustafa Dhiab being force fed during the Guantanamo Bay hunger strikes. [14] [15]
Rasul v. Bush,542 U.S. 466 (2004),was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of habeas corpus to review the legality of their detention. The Court's 6–3 judgment on June 28,2004,reversed a D.C. Circuit decision which had held that the judiciary has no jurisdiction to hear any petitions from foreign nationals held in Guantanamo Bay.
The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7,2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz after U.S. Supreme Court rulings in Hamdi v. Rumsfeld and Rasul v. Bush and were coordinated through the Office for the Administrative Review of the Detention of Enemy Combatants.
David Bryan Sentelle is a Senior United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. He previously was a U.S. district judge on the United States District Court for the Western District of North Carolina from 1985 to 1987.
Hamdan v. Rumsfeld,548 U.S. 557 (2006),is a United States Supreme Court case in which the Court held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions ratified by the U.S.
David Stephen Tatel is an American lawyer who served as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.
Asif Iqbal is a British citizen who was held in extrajudicial detention as a terror suspect in the United States Guantanamo Bay detainment camps in Cuba from early 2002 to 9 March 2004.
Fouzi Khalid Abdullah Al Odah is a Kuwaiti citizen formerly held in the United States Guantanamo Bay detainment camps,in Cuba. He had been detained without charge in Guantanamo Bay since 2002. He was a plaintiff in the ongoing case,Al Odah v. United States,which challenged his detention,along with that of fellow detainees. The case was widely acknowledged to be one of the most significant to be heard by the Supreme Court in the current term. The US Department of Defense reports that he was born in 1977,in Kuwait City,Kuwait.
Gladys Kessler was a United States district judge of the District Court for the District of Columbia.
Abu Bakker Qassim,et al. v. George W. Bush,et al. (05-5477),is a case in which two Muslim Uyghurs challenged their detention at the Guantanamo Bay Naval Base in Cuba.
The Military Commissions Act of 2006,also known as HR-6166,was an Act of Congress signed by President George W. Bush on October 17,2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war,and for other purposes".
Boumediene v. Bush,553 U.S. 723 (2008),was a writ of habeas corpus petition made in a civilian court of the United States on behalf of Lakhdar Boumediene,a naturalized citizen of Bosnia and Herzegovina,held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. The case underscored the essential role of habeas corpus as a safeguard against government overreach,ensuring that individuals cannot be detained indefinitely without the opportunity to challenge the legality of their detention. Guantánamo Bay is not formally part of the United States,and under the terms of the 1903 lease between the United States and Cuba,Cuba retained ultimate sovereignty over the territory,while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay,Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5,2007.
Al Odah v. United States is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention as enemy combatants of Guantanamo detainees. It was consolidated with Boumediene v. Bush (2008),which is the lead name of the decision.
In United States law,habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights,and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution,including the right of petition for habeas corpus. On 19 February 2002,Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.
Bismullah v. Gates is a writ of habeas corpus appeal in the United States Justice System,on behalf of Bismullah —an Afghan detainee held by the United States in the Guantanamo Bay detention camps,in Cuba. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.
Shafiq Rasul,Asif Iqbal,Ruhal Ahmed,and Jamal Al-Harith,four former Guantánamo Bay detainees,filed suit in 2004 in the United States District Court in Washington,DC against former Secretary of Defense Donald Rumsfeld. They charged that illegal interrogation tactics were permitted to be used against them by Secretary Rumsfeld and the military chain of command. The plaintiffs each sought seek compensatory damages for torture and arbitrary detention while being held at Guantánamo.
Ricardo Manuel Urbina was a United States district judge of the United States District Court for the District of Columbia. The first Latino judge on the United States District Court for the District of Columbia,he was noted for his rulings in cases regarding terrorism during the George W. Bush administration,as well as for his ruling in District of Columbia v. Heller,which was later reversed on appeal and by the United States Supreme Court.
Civil Action No. 02-cv-0299 is a habeas corpus petition submitted on behalf of several Guantanamo captives.
Thomas Beall Griffith is an American lawyer and jurist who served as a U.S. circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 2005 to 2020. Currently,he is a lecturer on law at Harvard Law School,a fellow at the Wheatley Institute at Brigham Young University (BYU),and special counsel in the Washington,D.C. office of the law firm of Hunton Andrews Kurth. He is also a member of the Federalist Society.
Karen LeCraft Henderson is an American lawyer and jurist serving since 1990 as a U.S. circuit judge on the U.S. Court of Appeals for the District of Columbia Circuit. She previously was a U.S. district judge on the U.S. District Court for the District of South Carolina from 1986 to 1990.
Jihad Ahmed Mustafa Dhiab also known as Abu Wa'el Dhiab was born in Lebanon on July 10,1971. He was held in extrajudicial detention in the United States' Guantanamo Bay detention camp,in Cuba until he was released to Uruguay. His Guantanamo Internment Serial Number was 722. Dhiab was one of the Guantanamo hunger strikers.
He is a former deputy solicitor general, who argued 23 Supreme Court cases, and a former chairman of the judiciary's ethics committee.