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10 November 2003

Retired Military Officers Say Supreme Court Took Important Step in Accepting Guantanamo Prisoners' Cases
Mayer, Brown, Rowe & Maw LLP

10 November 2003, Chicago - Retired military officers who filed an amicus brief urging the Supreme Court to review cases filed by post-September 11 prisoners held at the U.S. Naval Base at Guantanamo Bay say they are pleased by the Court's decision today to decide whether the prisoners have access to U.S. courts.

Retired Rear Admiral John D. Hutson commented, "The United States is presented with a wonderful opportunity to demonstrate to both our allies and our enemies what the rule of law really means. We dare not fail. This is too important. The world is watching and history will record how we treat the prisoners in Guantanamo." Retired Brigadier General David M. Brahms agreed, stating "I am delighted that the Supreme Court has agreed to decide whether U.S. courts have jurisdiction to consider challenges to the legality of the Guantanamo detentions. This issue is vitally important to all Americans, especially members of the American military."

The military officers argued in their brief - one of eight amicus briefs filed asking the Court to take the cases - that the United States is violating U.S. military regulations and the Geneva Conventions of 1949 by not holding hearings to determine the prisoners' status, thereby putting U.S. military prisoners at greater risk in future conflicts.

"The issues in these cases are especially significant to the members of American military forces, who may be denied the protections of the Geneva Conventions in the future by foreign captors using American treatment of the Guantanamo detainees as precedent," the brief argued.

In its lead editorial on 5 November, the New York Times cited the retired military officers' brief in urging the Court to review several post-September 11 cases.

Mayer, Brown, Rowe & Maw LLP lawyers James Schroeder, Gary Isaac, Stephen Kane, and Jon Juenger are representing the military officers along with Mirna Adjami of the Midwest Immigrant and Human Rights Center.

Read the Brief >>

"The Supreme Court and Sept. 11" (New York Times Login Required)
Editorial, New York Times, 5 November 2003

"For P.O.W's, What Goes Around Comes Around" (New York Times Login Required)
New York Times, 14 December 2003

For more information, please contact:
David M. Brahms, Brigadier General (Ret.)
760 500 7870

John D. Hutson, Rear Admiral (Ret.)
603 228 1541

James Schroeder
Partner
312 701 7964

Gary Isaac
Counsel
312 701 7025

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