Joyce Hens Green | |
---|---|
Senior Judge of the United States District Court for the District of Columbia | |
Assumed office July 1, 1995 | |
Presiding Judge of the United States Foreign Intelligence Surveillance Court | |
In office May 19,1990 –May 19,1995 | |
Appointed by | William Rehnquist |
Preceded by | James Ellsworth Noland |
Succeeded by | Royce Lamberth |
Judge of the United States District Court for the District of Columbia | |
In office May 11,1979 –July 1,1995 | |
Appointed by | Jimmy Carter |
Preceded by | Howard Francis Corcoran |
Succeeded by | Henry H. Kennedy Jr. |
Associate Judge of the Superior Court of the District of Columbia | |
In office 1968–1979 | |
Appointed by | Lyndon B. Johnson |
Succeeded by | Henry H. Kennedy Jr. |
Personal details | |
Born | [1] New York City,New York,U.S. | November 13,1928
Education | University of Maryland,College Park (BA) George Washington University (JD) |
Joyce Hens Green (born November 13,1928) is a senior United States district judge of the United States District Court for the District of Columbia. Green was nominated by President Jimmy Carter on March 6,1979,to a seat vacated by Howard F. Corcoran. She was confirmed by the United States Senate on May 10,1979,and received commission on May 11,1979. She assumed senior status on July 1,1995.
Born in 1928 in New York City,New York,Green graduated from the University of Maryland,College Park,receiving a Bachelor of Arts degree in 1949. She entered the University of Maryland School of Law and transferred to the George Washington University Law School,receiving a Juris Doctor from that institution in two years,in 1951. She also received an honorary Doctor of Laws (LL.D.) from George Washington University in 1994 and has been named a Distinguished Alumnus of Towson High School. Green practiced law in the District of Columbia and Virginia until she was appointed Associate Judge of the Superior Court of the District of Columbia in 1968,where she served for over a decade. [2]
On March 6,1979,President Jimmy Carter nominated Green to be a United States District Judge of the United States District Court for the District of Columbia,to a seat vacated by Judge Howard Francis Corcoran. She was confirmed by the United States Senate on May 10,1979,and received her commission on May 11,1979. She took senior status on July 1,1995,and was succeeded by Henry H. Kennedy Jr.,who had also succeeded her on the Superior Court bench. [3] Green was a member of the United States Foreign Intelligence Surveillance Court (FISC) from May 1988 until May 1995,and served as its Presiding Judge from May 1990 until May 1995. [2]
Green is a member of the American Bar Association,the American Judicature Society,the Federal Bar Association,the National Association of Women Judges,and the Women's Bar Association of the District of Columbia. She served as the President of the Women's Bar Association of the District of Columbia from 1962-1963. She served as the chair of the National Conference of Trial Judges from 1997–1998. She has served as an instructor at the Militia Academy in Minsk,Republic of Belarus for the U.S. Information Agency and serves on the board of advisors for the George Washington University Law School.
On June 16,2004,Green received an American Inns of Court Professionalism Award. She has received the George Washington University's Professional Achievement Award (1975);been named "Woman Lawyer of the Year" by the Women's Bar Association of the District of Columbia (1979);and received a certificate of appreciation from the Chief Justice of the United States (1995).
In 1992,Judge Green ruled in favor of the Church of Scientology in the case of Church of Scientology v. Internal Revenue Service on a pretrial motion for summary judgment.
On September 1,1995,Green Ordered $393 million seized from the Bank of Credit and Commerce International turned over to the bank's victims. BCCI had been involved in criminal activity and its assets had been freed in 1992. Green had heard,and ruled on,three challenges to the release of the seized funds.
Green ruled against the Federal Election Commission in Federal Election Commission v. The Christian Coalition Civil Action No. 96-1781 Opinion &Order;and Judgment,filed August 2,1999. The FEC had challenged the propriety of the Christian Coalition's distribution of voter guides,on the grounds it had been too closely tied to large corporate donors.
But,Green's 108-page judgment had supported the FEC in two instances;when the Christian Coalition had broken FEC guidelines in their explicit advocacy of the re-election of Newt Gingrich;and when the Christian Coalition had handed over their membership list to Senate candidate Oliver North.
Following the United States Supreme Court ruling in Rasul v. Bush (2004),which determined that detainees had the right of habeas corpus and due process to challenge their detention before an impartial tribunal,many habeas corpus cases were filed on behalf of detainees at Guantanamo Bay detention camp. On September 15,2004,Judge Green was appointed the coordinating judge for all Guantanamo Bay habeas corpus cases.
On January 31,2005,Judge Green ruled that:
(1) detainees had the fundamental Fifth Amendment right not to be deprived of liberty without due process of law;
(2) complaints stated a claim for violation of due process based on Combatant Status Review Tribunal's ("CSRT") extensive reliance on classified information in its resolution of "enemy combatant" status of detainees,the detainees' inability to review that information,and the prohibition of assistance by counsel jointly deprived detainees of sufficient notice of the factual bases for their detention and denied them a fair opportunity to challenge their incarceration;
(3) due process required that CSRTs sufficiently consider whether the evidence upon which the tribunal relied in making its "enemy combatant" determinations had been obtained through torture;
(4) complaints stated a claim for violation of due process based on the government's employment of an overly broad definition of "enemy combatant" subject to indefinite detention;and
(5) Geneva Conventions applied to the Taliban detainees,but not to members of the al Qaeda terrorist organization. [4]
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.
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.
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.
The Algerian Six were six Algerian men, who gained citizenship of Bosnia and Herzegovina during the Bosnian War, five of whom will continue to hold a dual Algerian and Bosnian citizenship, and who were imprisoned without charges at Guantanamo Bay Naval Base in Guantanamo Bay, Cuba from January 2002.
Mustafa Ait Idir is an individual formerly held in the United States Guantanamo Bay detainment camps, in Cuba. Ait Idir was born in Algeria, but moved to Bosnia, married a Bosnian woman, and became a Bosnian citizen. Idir was arrested on October 18, 2001, on suspicion of participating in a conspiracy to bomb the United States Embassy. After their release following their acquittal, the six men were captured on January 17, 2002, by American forces, who transferred them to Guantanamo Bay.
Mishal Awad Sayaf Alhabiri is a citizen of Saudi Arabia, who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 207. American intelligence analysts estimate he was born in 1980, in Minawara, Saudi Arabia.
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.
Sami Abdul Aziz Salim Allaithy Alkinani is an Egyptian professor who was held in the Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number was 287. Analysts reported that he was born on October 28, 1956, in Shubrakass Egypt. He was repatriated to Egypt on September 30, 2005. He was later classified by the United States Department of Defense as a no longer enemy combatant.
Yasim Muhammed Basardah is a citizen of Yemen who was detained in the United States's Guantanamo Bay detention camps, in Cuba. His Guantanamo Internment Serial Number is 252. Basardah was an informant for the interrogators in Guantanamo where he was rewarded with his own cell, McDonald's apple pies, chewing tobacco, a truck magazine and other "comfort items".
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".
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.
Abdel Hamid Ibn Abdussalem Ibn Mifta Al Ghazzawi is a citizen of Libya who was held from June 2002 until March 2010 in the Guantanamo Bay detainment camps, in Cuba because the United States classified him as an enemy combatant. His internment number was 654.
No-Hearing Hearings (2006) is the title of a study published by Professor Mark P. Denbeaux of the Center for Policy and Research at Seton Hall University School of Law, his son Joshua Denbeaux, and prepared under his supervision by research fellows at the center. It was released on October 17, 2006. It is one of a series of studies on the Guantanamo Bay detention center, the detainees, and government operations that the Center for Policy and Research has prepared based on Department of Defense data.
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. 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.
The Combatant Status Review Tribunal the US Department of Defense commissioned, like the tribunals described in Army Regulation 190-8, which they were modeled after, were three member panels, led by a tribunal president.
Stephen Abraham is an American lawyer and officer in the United States Army Reserve. In June 2007, he became the first officer who had served on a Combatant Status Review Tribunal to publicly criticize its operations. He said the evidence provided did not meet legal standard, and the members of the panels were strongly pressured by superiors to find that detainees should be classified as enemy combatants. Abraham served in the Office for the Administrative Review of the Detention of Enemy Combatants.
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.
David H. Remes is an American lawyer.