John Hutson | |
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Born | 1947 (age 76–77) North Muskegon, Michigan, U.S. [1] |
Allegiance | United States |
Service/ | United States Navy |
Years of service | 1969–2000 |
Rank | Rear admiral |
Unit | U.S. Navy Judge Advocate General's Corps |
Commands |
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Awards | |
Alma mater |
John Dudley Hutson (born 1947) [3] is a former United States Navy officer, attorney, and former Judge Advocate General of the Navy. He is a former dean and president of University of New Hampshire School of Law in Concord, New Hampshire, having served in the position from 2000 to 2010. [4] [5]
Hutson holds a B.A. from Michigan State University, a J.D. from the University of Minnesota Law School, and an LL.M. from Georgetown University Law Center.
On September 7, 2004, Hutson and seven other retired officers wrote an open letter to President Bush expressing their concern over the number of allegations of abuse of prisoners in U.S. military custody. In it they wrote:
We urge you to commit – immediately and publicly – to support the creation of a comprehensive, independent commission to investigate and report on the truth about all of these allegations, and to chart a course for how practices that violate the law should be addressed. [5]
In January 2005, Dean Hutson, along with Yale Law School dean Harold Koh, testified before the U.S. Senate Judiciary Committee in opposition to the appointment of Alberto Gonzales as attorney general of the United States, because of his alleged role in attempting to provide legal guidance to the U.S. military justifying abusive interrogation practices, including that the War on Terror "renders obsolete" and "renders quaint" aspects of the Geneva Conventions. [6]
In November 2005, his activities led the NHCLU to name Hutson their recipient of that year's Bill of Rights Award; Hutson had previously been the featured speaker at the 2004 annual meeting of that organization. [7]
Hutson testified before the Senate Armed Services Personnel Subcommittee on July 14, 2005, offering his opinion on the detention of "unlawful combatants". [8] Hutson said that he had been an early supporter of trial by military commission—provided those military commissions were conducted fairly. But he thought that the proposed process was flawed, and there had been too long a delay. In his prepared statement he argued that the captives should face charges before Military Courts Martial. And he argued that if they were to be convicted, they should be convicted using a high standard of proof. He also argued that the captives who were not charged should not be held indefinitely. [8]
On March 28, 2006, Hutson, and five other retired officers, called on US Supreme Court Justice Antonin Scalia to recuse himself from considering Hamdan v. Rumsfeld. [9] On March 27, 2006, comments Scalia had made on the Guantanamo detainees and whether they were entitled to the protections of the Geneva Conventions were widely republished. [10] The officers felt that Scalia's comments showed he had already prejudged the merits of Hamdan's case before hearing the arguments in court. The Washington Post observed that while a Justice was required to recuse himself or herself when they had a conflict of interest, the decision as to whether recusal was necessary was left to the discretion of the Justice in question. [9]
The Boston Globe reported on July 11, 2006, that Hutson was scheduled to testify before the House and Senate Armed Services Committees. [11] The Globe reported, at length, comments Hutson had made regarding a memo from Deputy Secretary of Defense Gordon R. England telling Armed Forces personnel to comply with the Geneva Conventions in its treatment of captives: "It kind of takes the wind out of the sails of people who say the Congress should simply authorize what the president had done in his original order. I'd like to see something coming of the CIA or Negroponte similarly."
The Washington Post reports that Hutson commented on a draft bill from the Bush administration for new Guantanamo military commissions to replace those struck down by the US Supreme Court. [12] According to the Washington Post:
[Hutson] said the rules would evidently allow the government to tell a prisoner: "We know you're guilty. We can't tell you why, but there's a guy, we can't tell you who, who told us something. We can't tell you what, but you're guilty." [12]
Hutson published an article entitled: "Detainee treatment: a second chance to get it right", on August 3, 2006. [13]
Hutson was one of the lawyers and former Navy Officers interviewed for the HBO documentary Ghosts of Abu Ghraib .
Hutson had discussed having been asked about running for the United States House of Representatives in the second district of New Hampshire, but denied that he intends to do so. [14]
Despite being a lifelong Republican, Hutson was a featured speaker at the 2008 Democratic National Convention on August 25 and August 27, 2008, who later announced that he was switching parties and endorsed Senator Barack Obama. [15] He was mentioned as a possible Republican replacement for U.S. Senator Judd Gregg, prior to Gregg's nomination to be U.S. Secretary of Commerce in the Obama administration. [16] The Senate vacancy was to have been filled by Bonnie Newman, but Gregg ultimately withdrew his candidacy for the position. He also was a featured speaker at the 2016 Democratic National Convention at Philadelphia on July 27, 2016, on the topic of national security and endorsed Hillary Clinton for president. [17]
Antonin Gregory Scalia was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018, and the Antonin Scalia Law School at George Mason University was named in his honor.
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.
During the early stages of the Iraq War, members of the United States Army and the Central Intelligence Agency committed a series of human rights violations and war crimes against detainees in the Abu Ghraib prison in Iraq. These abuses included physical abuse, sexual humiliation, physical and psychological torture, and rape, as well as the killing of Manadel al-Jamadi and the desecration of his body. The abuses came to public attention with the publication of photographs by CBS News in April 2004, causing shock and outrage and receiving widespread condemnation within the United States and internationally. The International Committee of the Red Cross reported that most detainees were civilians with no links to armed groups.
Alberto R. Gonzales is an American lawyer who served as the 80th United States Attorney General from 2005 to 2007 and is the highest-ranking Hispanic American in executive government to date. He previously served as Secretary of State of Texas, as a Texas Supreme Court Justice, and as White House Counsel, becoming the first Hispanic to hold that office.
Recusal is the legal process by which a judge, juror, or other adjudicator steps aside from participating in a case due to potential bias, conflict of interest, or appearance of impropriety. This practice is fundamental to ensuring fairness and impartiality in legal proceedings, preserving the integrity of the judiciary, and maintaining public confidence in the legal system. Historical and modern legal frameworks outline specific grounds for recusal, such as personal or financial conflicts of interest, prior involvement in a case, or demonstrated bias. Applicable statutes or canons of ethics may provide standards for recusal in a given proceeding or matter. Providing that the judge or decision-maker must be free from disabling conflicts of interest makes the fairness of the proceedings less likely to be questioned, and more likely that there is due process.
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.
John Bellinger Bellinger III is an American lawyer who served as the Legal Adviser for the U.S. Department of State and the National Security Council during the George W. Bush administration. He is now a partner at the Washington, D.C. law firm Arnold & Porter, and Adjunct Senior Fellow at the Council on Foreign Relations.
In the practice of international law, command responsibility is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally responsible for the war crimes and the crimes against humanity committed by his subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of his soldiers.
The Guantanamo Bay detention camp is a United States military prison within Naval Station Guantanamo Bay (NSGB), also called GTMO on the coast of Guantánamo Bay, Cuba. It was established in January 2002 by U.S. President George W. Bush to hold terrorism suspects and "illegal enemy combatants" during the Global War on Terrorism following the attacks of September 11, 2001. As of August 2024, at least 780 persons from 48 countries have been detained at the camp since its creation, of whom 740 had been transferred elsewhere, 9 died in custody, and 30 remain; only 16 detainees have ever been charged by the U.S. with criminal offenses.
David M. Brahms is an attorney and retired Brigadier General who served in the United States Marine Corps.
James P. Cullen was a brigadier general in the United States Army who served in the Judge Advocate General's Corps.
James "Jim" M. McGarrah is the chief of staff at the Georgia Tech Research Institute. He was previously director of the Information and Communications Laboratory at the Georgia Tech Research Institute and is a retired officer of the United States Navy Reserve.
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".
"Enhanced interrogation techniques" or "enhanced interrogation" was a program of systematic torture of detainees by the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA) and various components of the U.S. Armed Forces at remote sites around the world—including Bagram, Guantanamo Bay, Abu Ghraib, and Bucharest—authorized by officials of the George W. Bush administration. Methods used included beating, binding in contorted stress positions, hooding, subjection to deafening noise, sleep disruption, sleep deprivation to the point of hallucination, deprivation of food, drink, and medical care for wounds, as well as waterboarding, walling, sexual humiliation, rape, sexual assault, subjection to extreme heat or extreme cold, and confinement in small coffin-like boxes. A Guantanamo inmate's drawings of some of these tortures, to which he himself was subjected, were published in The New York Times. Some of these techniques fall under the category known as "white room torture". Several detainees endured medically unnecessary "rectal rehydration", "rectal fluid resuscitation", and "rectal feeding". In addition to brutalizing detainees, there were threats to their families such as threats to harm children, and threats to sexually abuse or to cut the throat of detainees' mothers.
A detailed chronology of events in the dismissal of U.S. attorneys controversy.
A set of legal memoranda known as the "Torture Memos" were drafted by John Yoo as Deputy Assistant Attorney General of the United States and signed in August 2002 by Assistant Attorney General Jay S. Bybee, head of the Office of Legal Counsel of the United States Department of Justice. They advised the Central Intelligence Agency, the United States Department of Defense, and the President on the use of enhanced interrogation techniques—mental and physical torment and coercion such as prolonged sleep deprivation, binding in stress positions, and waterboarding—and stated that such acts, widely regarded as torture, might be legally permissible under an expansive interpretation of presidential authority during the "War on Terror".
John Edward "Ted" Gordon was a retired United States Navy rear admiral who served as Judge Advocate General of the Navy from 1990 until 1992.
The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was signed into law by President George W. Bush on December 30, 2005. Offered as an amendment to a supplemental defense spending bill, it contains provisions relating to treatment of persons in custody of the Department of Defense, and administration of detainees held in Guantanamo Bay, Cuba, including:
Donald Joseph Guter is an American educator, lawyer and retired United States Navy rear admiral who was the 10th president and dean of South Texas College of Law Houston from 2009 to 2019. He previously served as the 10th dean of the Duquesne University School of Law from 2005 to 2008, when he was dismissed by Duquesne University president Charles J. Dougherty over a tenure battle.