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Profile: Joyce Hens Green

Positions that Joyce Hens Green has held:

  • US District Judge

Joyce Hens Green was a participant or observer in the following events:

During a hearing before US District Judge Joyce Hens Green, the government’s attorney maintains that Guantanamo detainees “have no constitutional rights enforceable in this court.” This statement by Principal Deputy Associate Attorney General Brian Boyle appears to be in flagrant contravention with the Supreme Court’s June 28 ruling (see June 28, 2004). Judge Green lays out a number of hypothetical cases before Boyle. For example, she asks: “If a little old lady in Switzerland writes checks to what she thinks is a charitable organization for Afghanistan orphans, but it’s really supporting… al-Qaeda, is she an enemy combatant?” Possibly, Boyle answers, but it would depend on her intentions. “It would be up to the military to decide as to what to believe.” Boyle also holds that the military can detain a Muslim teacher simply because he has a student with a family with connections to the Taliban, or someone who failed to report suspicions that his cousin might be a member of al-Qaeda. [Washington Post, 12/2/2004]

Entity Tags: Brian Boyle, Joyce Hens Green

Timeline Tags: Torture of US Captives, Civil Liberties

(Show related quotes)

During a court hearing involving 59 Guantanamo detainees challenging their detention, US District Judge Richard J. Leon, who is handling habeas petitions by Guantanamo prisoners simultaneously with US District Judge Joyce Hens Green, asks Deputy Associate Attorney General Brian Boyle, whether detention based only on evidence obtained by torture would be illegal. Boyle answers that such evidence could still be used if the Combatant Status Review Tribunal decides it is reliable. “Nothing in the due process clause [of the Constitution] prohibits them from relying on it.” In addition, Boyle says there will not be any restriction on the use of information derived from torture conducted by a foreign power. [Associated Press, 12/3/2004; Associated Press, 12/3/2004; Washington Post, 12/3/2005] Evidence derived from torture has not been admissible in US courts since the 1930s. [Associated Press, 12/3/2004]

Entity Tags: Richard J. Leon, Joyce Hens Green, Brian Boyle

Timeline Tags: Torture of US Captives, Civil Liberties

US District Judge Joyce Hens Green rules that Guantanamo detainees may legally challenge their detention in US courts as a violation of their constitutional due process rights. She says that last year’s Supreme Court decision (see June 28, 2004) made it clear that detainees are entitled to constitutional rights. Her ruling flatly contradicts the decision of another judge who ruled on a similar case two weeks before (see January 20, 2005). [Los Angeles Times, 1/31/2005; Washington Post, 1/31/2005] She also rules that the Combatant Status Review Tribunals being held in Guantanamo are unconstitutional and “violate long-standing principles of due process….” According to Green, the tribunals deny detainees a fair trial to which they are constitutionally entitled. She found that the tribunals relied heavily on reported confessions of detainees despite widespread allegations and some evidence that detainees had been abused during interrogations. In reviewing classified material on the tribunals’ decisions, she notes that there were many cases in which the prosecution failed to provide any evidence that the detainee was ever engaged in combat or terrorism. The tribunals, Green writes, “violate long-standing principles of due process by permitting the detention of individuals based solely on their membership in anti-American organizations rather than on actual activities supporting the use of violence or harm against the United States.” [Washington Post, 1/31/2005] Green also rules that Taliban members are entitled to prisoners of war status because they were fighting in the name of the Afghan government when they were captured. [Washington Post, 1/31/2005]

Entity Tags: US Supreme Court, Joyce Hens Green

Timeline Tags: Torture of US Captives, Civil Liberties

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