Posts by Patrick Porter

Federal Court Upholds Challenge to "Don't Ask, Don't Tell"
Posted by Patrick Porter, Jurist Legal News and Research on May 23, 2008 at 10:30 AM.

The U.S. Court of Appeals for the Ninth Circuit ruled Wednesday that the U.S. military cannot dismiss a soldier on the basis of sexual orientation alone, departing from the reasoning used to defeat similar cases in the past. The court's holding may signal a significant new challenge to the military's long-standing "Don't Ask, Don't Tell" policy. The ruling reinstates a lawsuit brought by a U.S. Air Force major who was discharged when officials found out she had been in a relationship with another woman; a lower court had dismissed the case, finding that the Supreme Court's holding in Lawrence v. Texas did not render "Don't Ask, Don't Tell" invalid. The appeals court disagreed, holding that the military must demonstrate that the specific dismissal was necessary to further an important government interest. The Associated Press has more. AFP has additional coverage.

The appeals court relied on Lawrence v. Texas in finding that consenting adults have a right to decide on private matters relating to sexual activity, and one of the three judges on the panel argued that the current decision did not go far enough to protect that "fundamental" right. Military discharges for sexual orientation have decreased in recent years, possibly due to lax enforcement of the policy during personnel shortages. Lawmakers in February 2005 cited a Government Accountability Office report to criticize the policy and its negative effect on recruitment and retention of military personnel.

Why Is Mukasey Trying to Derail the State Secrets Bill?
Posted by Patrick Porter, Jurist Legal News and Research on April 3, 2008 at 7:29 AM.

U.S. Attorney General Michael Mukasey told Senate Judiciary Committee Chairman Patrick Leahy (D-VT) in a letter Monday that the State Secrets Protection Act currently before Congress, introduced by committee leaders to enact a "safe, fair, and responsible" state secrets privilege, would needlessly and improperly interfere with the appropriate constitutional role of both the Judicial and Executive branches in state secrets cases; would alter decades of settled case law; and would likely result in the harmful disclosure of national security information that would not be disclosed under current doctrine.

He noted that President George W. Bush would likely veto the bill in its present form.

In February, the committee held a hearing on the bill, specifically meant to curb the use of the state secrets privilege in lawsuits involving the federal government that may reveal government misconduct. The Bush administration has frequently invoked the privilege, a Constitutional protection, in cases accusing the U.S. government of extraordinary rendition, torture in interrogation of terrorists, and the NSA domestic surveillance program.

Gitmo Commander Confirms Secret Camp for "High-Value" Detainees
Posted by Patrick Porter, Jurist Legal News and Research on February 8, 2008 at 8:41 AM.

Guantanamo Bay commander US Navy Rear Adm. Mark H. Buzby confirmed the existence of a secret camp at the detention facility for alleged al-Qaeda members classified as "high-value detainees" in an interview with AP Wednesday. Buzby said prisoners in so-called "Camp 7" are kept apart from other prisoners to prevent violence against those who have provided information to interrogators and that the exact location of the camp has been kept secret to prevent a terrorist attack.

The existence of Camp 7 was not known until December when it was mentioned in court papers filed by lawyers for Majid Khan, the first "high-value" Guantanamo Bay detainee to be allowed to meet privately with legal counsel. The Guantanamo Bay facility has been the subject of much international and domestic controversy in recent years, and many have called for it to be closed altogether.

The Associated Press has more.