{"id":187028,"date":"2013-07-17T21:17:00","date_gmt":"2013-07-18T02:17:00","guid":{"rendered":"https:\/\/www.panix.com\/~msaroff\/40years\/2013\/07\/17\/worst-constitutional-law-professor-ever-5\/"},"modified":"2013-07-17T21:17:00","modified_gmt":"2013-07-18T02:17:00","slug":"worst-constitutional-law-professor-ever-5","status":"publish","type":"post","link":"https:\/\/www.panix.com\/~msaroff\/40years\/2013\/07\/17\/worst-constitutional-law-professor-ever-5\/","title":{"rendered":"Worst Constitutional Law Professor Ever"},"content":{"rendered":"

So, a judge rules that guards grabbing the genitals of Guant\u00e1namo prisoners who want to talk to their lawyers is interfering with their right to counsel, so they are appealing<\/a>:<\/p>\n

A federal appeals court is allowing Guant\u00e1namo guards to resume searching detainees\u2019 genitals on their way to and from legal meetings while the Obama administration challenges a federal judge\u2019s ruling that the searches unfairly impede attorney-client interaction.<\/span>

<\/span> The order Wednesday by a three-judge panel at the U.S. Court of Appeals for the District of Columbia Circuit capped 24 hours of legal wrangling: The Justice Department asked a New York lawyer to let guards search her client\u2019s genital area, the lawyer refused and the Southern Command\u2019s top general joined the fray with a sworn declaration that a federal judge got it wrong.<\/span>

<\/span> Groin searches aren\u2019t intended to prevent legal meetings, said Southcom\u2019s Marine Gen. John F. Kelly, noting that his Guant\u00e1namo soldiers similarly search captives meeting with Red Cross delegates.<\/span>

<\/span> Past practice of shaking a captive\u2019s trousers to see if \u201cnails, shanks, ragged scraps of metal\u201d fall out \u201cposed an unacceptable risk to the safety and security of detainees and guards,\u201d Kelly said.<\/span>

<\/span> Last week, detainee lawyers persuaded U.S. District Judge Royce Lamberth that the invasive searches, adopted amid a widespread hunger strike, were discouraging some of Guant\u00e1namo\u2019s 166 captives from voluntarily leaving their cells for meetings with their lawyers. Lamberth ordered the guards to stop it, and resume the practice of physically shaking the waistband of the pants of a prisoner to see if any contraband comes out.<\/span>

<\/span> \u2026\u2026\u2026<\/span>

<\/span> In his ruling last week, Lamberth concluded that the motivation for the searches was not to enhance security but to deter the detainees\u2019 access to attorneys by implementing search procedures that are \u201creligiously and culturally abhorrent\u201d to devout Muslims.<\/span>

<\/span> Lamberth\u2019s ruling had sought to reset the search procedures to an era before Latif\u2019s death. The judge noted that there was no proof that Latif hid the drugs in his genital area.<\/p>\n

\u2026\u2026\u2026<\/p>\n

In London, detainee attorney Crider, who works for a non-profit law firm Reprieve, called the refusal to follow Lamberth\u2019s order \u201ccontempt of court, pure and simple. Why is it suddenly essential for the government to grope my clients in a way that been off-limits for years?\u201d<\/span><\/p><\/blockquote>\n

I’m beginning to think that the Bush\/Cheney regime of overt lawlessness is preferable to the protestations by Obama and His Evil Minions\u2122<\/sup> that they “respect” the rule of law and due process.<\/p>\n

Where is the outrage?<\/p>\n","protected":false},"excerpt":{"rendered":"

So, a judge rules that guards grabbing the genitals of Guant\u00e1namo prisoners who want to talk to their lawyers is interfering with their right to counsel, so they are appealing: A federal appeals court is allowing Guant\u00e1namo guards to resume searching detainees\u2019 genitals on their way to and from legal meetings while the Obama administration …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[971,970,969,972,1076,1098],"tags":[],"class_list":["post-187028","post","type-post","status-publish","format-standard","hentry","category-civil-rights","category-corruption","category-evil","category-justice","category-terrorism","category-war"],"_links":{"self":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/187028"}],"collection":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/comments?post=187028"}],"version-history":[{"count":0,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/187028\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/media?parent=187028"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/categories?post=187028"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/tags?post=187028"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}