The American Trial Lawyers Association

Monday, March 9, 2009

Political Briefs March 9th, 2009

John Yoo, author of the notorious torture memos that allowed the Bush Administration to torture detainees, has found a new ally with the current Obama administration. Obama's Justice Department defended Yoo in a San Francisco federal court last week, arguing that a prisoner formerly held as an enemy combatant had no right to sue Yoo for writing legal memos that allegedly led to his detention and torture. Attorney Mary Mason repeated a claim made last year by the Bush administration, saying that the courts should not have the authority to question a president's actions during time of war. In addition to authoring many of the torture memos, Yoo also advised the Bush administration that the Geneva Conventions on humane treatment of captives did not apply to terrorist suspects classified as enemy combatants. The specific case in question here is the one of Jose Padilla, who was arrested in 2002 and held as an unlawful enemy combatant for three and a half years. After his time served, he was charged with taking part in an unrelated conspiracy to provide money and supplies to Islamic extremist groups. He was convicted and sentenced to 17 years in federal prison.


In related news, the US Supreme Court has refused to hear a case about whether US presidents have the authority to indefinitely detain a terrorist suspect in the United States without charges. The case has now been sent back for a new hearing before the federal appeals court in Richmond, Virginia, which ruled last July that former president Bush did have the power and authority to indefinitely detain prisoners. The appeals court in Richmond scheduled a session April 27 to hear arguments in the case. By refusing to hear the case, the Court has effectively delayed resolution on an issue that could greatly effect the 245 alleged enemy combatants currently being held at Guantanamo Bay. The Supreme Court has taken up the question of "enemy combatants" three times, and three times delivered setbacks to the government. In 2004, it gave them the right to legal counsel; in 2006, it outlawed military commissions set up by the president to try them. which were re-established by Congress three months later, and in 2006, it gave them access to US civilian courts.


In other news today, economists are now predicting that our current recession will be the longest and deepest this country has seen since World War 2. The last 2 major recessions, which occurred from 1973 to 75, and from 1981 – 82, both only last 16 months, meaning that if this recession hasn't been fixed by April, it will take the record as the longest since the war. Unemployment hasn't reached 1982 levels and the gross domestic product hasn't fallen quite as far. But the hurt from this recession is spread more widely and uncertainty about the country's economic health is worse today than it was in 1982. However, economists say that the outlook for today's recession is much bleaker than back then, as more people believe that we could be heading towards another Great Depression. For even more comparison, a new set of statistics has been released showing that: In 207,000 manufacturing jobs vanished in January, making it the largest one-month drop since October 1982. Major automakers' sales extended their deep slump in February, putting the industry on track for its worst sales month in more than 27 years. Struggling homebuilders have just completed the worst year for new home sales since 1982. There are 12.5 million people out of work today, topping the number of jobless in 1982. In addition, personal wealth is dwindling in the U.S., and the effects of the financial meltdown have been felt around the world.

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