My old college buddy Jim Bejamin lead the Akin Gump team which wrote the brief for the Hamden case. See press below - He is making a difference. I am proud to know him. - Statement by Barry Kamins, President of the NYC Bar Association, Regarding the Supreme Court’s Decision In Hamdan v. Rumsfeld The New York City Bar Association applauds the decision of the United States Supreme Court in Hamdan v. Rumsfeld, which ruled that the military commissions created by President Bush’s Executive Order in November, 2001, cannot be used to try detainees designated by the president as “enemy combatants.” The Association participated as an amicus in this case, and the issues addressed in Hamdan have occupied the Association for nearly five years. In December, 2001, the Association issued a comprehensive report on the military commissions, by its Committee on Military Affairs and Justice, in which we criticized many aspects of the commission framework and process, and stressed the utility of the military law system and the Uniform Code of Military Justice. In his majority opinion in Hamdan, Justice Stevens relied heavily on the availability and integrity of the military justice system in reaching his decision. The Association also has consistently maintained that persons designated as enemy combatants are covered by Common Article 3 of the Geneva Conventions. While the Geneva Conventions are generally perceived as applying to prisoners of war, Common Article 3 establishes a level of basic protection for all those detained in the course of conflicts such as the current conflict with al Qaeda. The government argued that these detainees as a result of the conflict with al Qaeda are not covered by the Geneva Conventions, and thus are essentially unprotected by any law. The Supreme Court today ruled squarely that Article 3 applies to these detainees. This necessarily provides the detainees with not only procedural protections but also the right to humane treatment, a right that had been flatly rejected by the Bush administration. The Hamdan decision is a historic affirmation of the separation of powers, and checks and balances, which are the hallmark of our constitutional system. It also underscores the primacy of the rule of law in this country. No person or institution is above it. And, the decision gives meaning to our treaty obligations, as one nation in a community of nations that have legally obligated themselves to the preservation of human rights. The Association thanks the firm of Akin, Gump, Strauss, Hauer & Feld LLP and its team led by James Benjamin for its amicus brief that so effectively presented our position on Common Article 3. The Association will continue to engage the fundamental questions of the structure of government, our legal obligations and the balance between civil liberties and national security in these challenging times. About the Association The Association of the Bar of the City of New York (www.nycbar.org) was founded in 1870, and since then has been dedicated to maintaining the high ethical standards of the profession, promoting reform of the law, and providing service to the profession and the public.
