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Vermont Lawyers Welcome Guantanamo Ruling

 

Three Vermont lawyers are making travel plans to Cuba after a U.S. Supreme Court decision Thursday. The decision clears the way for detainees at Guantanamo Bay to challenge their detention in federal court.

This is now the third time the Supreme Court has ruled on the issue. What the 5-4 decision does is allow for suspected terrorists and foreign fighters in Gitmo-- as it is called-- to demand to see the evidence against them.

For many lawyers, it also means they will, for the first time, be able to meet with their clients.

"All he has is letters from me saying I'm your lawyer, more to follow," explains Vermont attorney David Sleigh.

Sleigh is perhaps best known for defending high profile murder suspects like Brian Rooney, the man recently convicted of killing UVM student Michelle Gardner-Quinn.

But Sleigh also has a client in Cuba-- Faiz Suliman-- a Yemeni citizen being held by the United States at its prison in Guantanamo Bay.

"He's been there for over 4 and a half years. He has not had any formal charges filed against him," says Sleigh.

Congress passed a law in 2006 that limited court jurisdiction over so-called habeas corpus challenges-- motions by detainees to hear their charges and force the government to lay out the evidence against them.

As appeals to that law have been making their way through court, lawyers like Sleigh have only had minimal contact with their clients, but he says that should change now that the Supreme Court has overturned the 2006 law.

"You're going to be able to see them more, discuss more things, and be more free with the way that you can handle that information," he says.

President Bush reacted to the decision saying he is disappointed because he thought the law was important for the protection of American citizens. "We'll abide by the court's decision. That doesn't mean I have to agree with it."

But Burlington attorney Robert Rachlin says the ruling doesn't mean terrorists will be set free.

"I think we have to be careful that we don't assume that suddenly because of what the Supreme Court has done, the gates of Guantanamo will fling open and the detainees will stream joyfully into the sunlight. What it does do is it puts a little additional pressure on the government," explains Rachlin.

Rachlin represents two men being held in Gitmo. One, a Saudi Arabian, has had charges filed against him. The other-- an Algerian-- has not.

With the Supreme Court ruling, the government will now have to decide if it has enough evidence to charge Rachlin's client-- or like the majority of the 900 detainees once held in Cuba-- let him go.

There are now about 270 people being held as "enemy combatants" at Guantanamo Bay. Rachlin says when all is said and done, he expects only 30 to 40 of those will actually be charged and tried in court.

Vermont is of course a long way from Cuba. Sleigh was contacted by the Center for Constitutional Rights because he has handled civil rights cases before and he decided to get involved. Rachlin says he is doing it because these cases are all about constitutional rights, and he feels very strongly about making sure those rights are protected.

Bianca Slota - WCAX News

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