Alan Kay | |
|---|---|
 | |
| United States magistrate judge for the United States District Court for the District of Columbia | |
| Assumed office September 1991 | |
| Personal details | |
| Alma mater | George Washington University George Washington University National Law Center |
| Profession | Judge |
Alan Kay is a United States magistrate judge for the United States District Court for the District of Columbia. [1]
Judge Kay received his bachelor's degree in 1957 from the George Washington University, and his Juris Doctor in 1959 from the George Washington University Law School. [1]
Judge Kay began his legal career as a law clerk for Judge Alexander Holtzoff and Judge William B. Jones, both of the United States District Court for the District of Columbia. From 1959 to 1967, Judge Kay worked as a public defender for the Public Defender Service, and as a federal prosecutor for the United States Attorney's Office in the District of Columbia. From 1967 until his appointment, he worked in private practice as a named partner at the Washington law firm of Bregman, Abell & Kay. He became a United States magistrate judge for the United States District Court for the District of Columbia in September 1991. [1]
Judge Kay heard several habeas corpus petitions submitted on behalf of detainees held in extrajudicial detention in the United States's Guantanamo Bay detention camps in Cuba. [2] [3] [4] [5] [6] Judge Kay ruled on issues arising from the "Protective Order" [3] that governed legal counsel's access to detainees. Judge Kay's opinions have been quoted extensively by national news organizations. [5]
In Adem v. Bush, 425 F. Supp. 2d 7 (D.D.C. 2006), Judge Kay ordered the Bush administration to stop blocking private attorneys from meeting with their clients at the Guantanamo Bay detention camp. In 2004, detainee Salim Muhood Adem had asked for a lawyer to help challenge his potentially indefinite detention without charge by the United States. Attorneys volunteered to represent Adem and requested permission to meet with their potential client. The United States, however, refused the attorneys access for over a year, insisting that the attorneys were first required to provide evidence of their authority to represent Adem. Because the attorneys could not access their client to obtain the authorization, Judge Kay characterized the government's position as a "catch 22." Judge Kay held that the Protective Order does not require evidence of authority to represent a detainee as a prerequisite to counsel meeting with a detainee. Rather, the Protective Order requires that counsel provide evidence of their authority within 10 days of counsel's second visit with the detainee. [4] [6]
In Kiyemba v. Bush , Judge Kay addressed the same issue as in Adem v. Bush, and held that the Protective Order does not require evidence of authority to represent a detainee as a prerequisite to counsel meeting with a detainee. The only difference between the Kiyemba and Adem was that Kiyemba was filed as a "next friend" petition, and Adem was filed as a direct petition. Judge Kay found that this was a distinction without a difference with respect to the Protective Order's requirements. [7]
The government further argued that the Detainee Treatment Act of 2005 divested the Court of jurisdiction to decide Guantanamo habeas cases. Judge Kay found that the question of whether the existing Protective Order permitted detainees to meet with their lawyers had no bearing on the question of whether the Court had jurisdiction to review the merits of detainees' challenges to their detention. [7] [8]
Judge Kay accepted former Oakland Athletics's baseball player Miguel Tejada's guilty plea to lying before Congress in 2005 about his ex-teammate's use of steroids. Tejada told Congress "he had no knowledge of other players using or even talking about steroids or other banned substances." However, a Mitchell Report on drugs in Major League Baseball cited Oakland Athletics outfielder Adam Piatt with saying he discussed steroid use with Tejada and provided Tejada with testosterone and HGH. [9]
Judge Kay accepted a guilty plea from Roger Stillwell, a former employee of the Interior Department Office of Insular Affairs, who failed to report gifts he received from lobbyist Jack Abramoff. [10]
Oscar Ramiro Ortega-Hernandez appeared before Judge Kay after firing rifle shots at the White House in attempt to assassinate President Obama. [11] [12]
Douglas Mark Hughes appeared before Judge Kay after landing his gyrocopter on the west lawn of the United States Capitol to protest campaign finance laws. [13] [14]
Joseph Caputo appeared before Judge Kay after jumping the White House fence while wrapped in an American flag. The fence jumping occurred while President Obama and his family were inside celebrating Thanksgiving. [15] [16] [17]
Judge Kay authorized the controversial warrant allowing monitoring of Fox News journalist James Rosen. [18] [19]
Ibrahim Ahmed Mahmoud al Qosi is a Sudanese militant and paymaster for al-Qaeda. Qosi was held from January 2002 in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number is 54.
Mustafa Ahmed Adam al-Hawsawi is a Saudi Arabian citizen. He is alleged to have acted as a key financial facilitator for the September 11 attacks in the United States.
Enemy combatant is a term for a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict, used by the U.S. government and media during the War on Terror. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection "state" may be replaced by the more general term "party to the conflict".
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.
Salim Ahmed Salim Hamdan is a Yemeni man, captured during the invasion of Afghanistan, declared by the United States government to be an illegal enemy combatant and held as a detainee at Guantanamo Bay from 2002 to November 2008. He admits to being Osama bin Laden's personal driver and said he needed the money.
Arthur Raymond Randolph is an American lawyer and jurist serving as a senior United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. He was appointed to the Court in 1990 and assumed senior status on November 1, 2008.
Peter E. Brownback III is a retired military officer and lawyer. He was appointed in 2004 by general John D. Altenburg as a Presiding Officer on the Guantanamo military commissions. The Washington Post reported: "...that Brownback and Altenburg have known each other since 1977, that Brownback's wife worked for Altenburg, and that Altenburg hosted Brownback's retirement party in 1999."
Richard J. Leon is an American jurist who serves as a senior United States district judge of the United States District Court for the District of Columbia.
Moath Hamza Ahmed al-Alwi is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His detainee ID number is 28. Guantanamo analysts estimated he was born in 1977, in Al Hudaydah, Yemen.
Ibrahim Othman Ibrahim Idris was a citizen of Sudan, formerly held in extrajudicial detention in the United States' Guantanamo Bay detainment camps, in Cuba. His detainee ID number was 036.
Ali Hamza Ahmad Suliman al-Bahlul is a Yemeni citizen who has been held as an enemy combatant since 2002 in the United States Guantanamo Bay detention camp. He boycotted the Guantanamo Military Commissions, arguing that there was no legal basis for the military tribunals to judge him.
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.
Parhat v. Gates, 532 F.3d 834, was a case involving a petition for review under the Detainee Treatment Act of 2005 filed on behalf of Huzaifa Parhat, and sixteen other Uyghur detainees held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.
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.
Kiyemba v. Bush (Civil Action No. 05-cv-01509) is a petition for habeas corpus filed on behalf of Jamal Kiyemba, a Ugandan citizen formerly held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba. Mr. Kiyemba is the next friend of each of the nine Uighur petitioners, Abdusabur, Abdusamad, Abdunasir, Hammad, Hudhaifa, Jalaal, Khalid, Saabir, and Saadiq, who seek the writ of habeas corpus through the petition
Guantanamo Bay detainees have been allowed to initiate appeals in Washington, D.C., courts since the passage of the Detainee Treatment Act of 2005 (DTA) closed off the right of Guantanamo captives to submit new petitions of habeas corpus. It substituted a right to a limited appeal to Federal Courts of appeal in Washington, D.C. The Act allowed detainees to challenge whether their Combatant Status Review Tribunals had correctly followed the rules laid out by the Department of Defense.
El Mashad v. Bush is a writ of habeas corpus filed on behalf of several Guantanamo detainees, including Sherif el-Mashad, Adel Fattouh Aly Ahmed Algazzar and Alladeen.
Al Joudi v. Bush (Civil Action No. 05-cv-301) is a United States District Court for the District of Columbia case. On February 9, 2005, a Petition for a Writ of Habeas Corpus was filed on behalf of four Guantanamo detainees: Majid Abdulla Al Joudi, Yousif Mohammad Mubarak Al-Shehri, Abdulla Mohammad Al Ghanmi and Abdul-Hakim Abdul-Rahman Al-Moosa, before US District Court Judge Gladys Kessler. It was one of over 200 habeas corpus petitions filed in the US District Court on behalf of detainees held in the Guantanamo Bay detention camp in Cuba, seeking release. On March 26, 2008, Judge Gladys Kessler dismissed the petition as moot.
Al-Asadi v. Bush, No. 1:05-cv-02197, is a writ of habeas corpus filed on behalf of Guantanamo detainee Mohammed Ahmed Ali Al Asadi before US District Court Judge Henry H. Kennedy. It was one of over 200 habeas corpus petitions filed on behalf of detainees held in the Guantanamo Bay detention camp in Cuba.
Sufyian Ibn Muhammad Barhoumi is an Algerian man who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. The Department of Defense reports that he was born on July 28, 1973, in Algiers, Algeria.
It is Judge Robertson's order on the terms of Hamdan's confinement that is at issue, and in the ordinary situation, he would be the one to act on it. In an order issued early last month, the District Court said all disputes on "logistical issues, such as communications with or visits to clients and counsel," for any of the detainees at Guantanamo who have court cases pending, are to be examined first by a magistrate judge, Alan Kay.
Nearly a year after the 56 petitions were written by the detainees, Kay wrote, 'not a single detainee ... had met or spoken with his lawyer.'