Possible Biden SCOTUS nominee was “active and dedicated” advocate for terror suspects


The following contains content which is editorial in nature and reflects the opinion of the writer.

WASHINGTON, DC- It was no great secret that if Joe Biden had the opportunity to nominate a justice to the Supreme Court, it would be a leftist.

However as his administration has moved further and further to the left, it is now apparent that such a nominee would not only be a leftist but an unhinged radical so that Biden could placate the leftist loons in the Democrat Party.

One judge named as a frontrunner for the nomination is Judge Ketanji Brown Jackson, a circuit judge on the US Court of Appeals in the DC Circuit, according to the Washington Free Beacon.

Jackson was always, according to the Beacon identified as “an active and dedicated advocate” for foreign terror suspects kept at Club Gitmo in Cuba, despite what press accounts and her own comments indicate.

Jackson insisted her work for the terror suspects was nothing more than as a “disinterested professional” who was merely doing her job. However, the Free Beacon did a deep dive on court filings dating back to 2005 which portray a different story.

Jackson was not only committed to equal treatment for accused terrorists, but as the Beacon said more closely aligned with a form of “ideological cause lawyering, even in her capacity as a public defender.”

She would often delve into “unsubstantiated left-wing theories” that were disputed by government investigators. She also accused Justice Department attorneys of “egregious conduct” without evidence.

For example one such detainee was accused of attacking a U.S. military base in Afghanistan. Even after she left public service for private practice, she continued to advocate for the terror suspects while attacking Bush-era detention policies in the Supreme Court.

Jackson’s unit represented Guantanamo inmates who disputed their incarceration in a Washington D.C. federal court. Her own client was a man named Khaiali-Gul, who claimed innocence and said he was wrongfully detained.

“I had a job in Mr. Karzai’s government and I have done personal favors for the Americans and helped them,” Gul said in a 2005 court filing.

Investigators, however found a much different situation about him. According to a 2008 Defense Department assessment, it stated that gul was a Taliban intelligence officer who was the likely leader of a terror cell near the city of Khost.

The Beacon says that the terror cell met at his home on Dec. 1, 2002, in order to plan a rocket attack on a coalition forward operating base, which took place only hours after the meeting. In a separate Defense assessment, it flagged a possible meeting between Gul and Osama bin Laden in November 2001.

Jackson, who was confirmed to the appeals court last year, told Republicans in written correspondence during the confirmation process that she had only represented Gul in her capacity as a government lawyer and she was “duty-bound to advocate for all indigent defendants,” the outlet reported.

Jackson implied she had done so under orders, although she never specifically uttered those words. The Washington Post presented that as fact in a Jan. 27 article about her prospective nomination to the high court.

However, for someone who was “duty bound to advocate” for her clients, Jackson took her rhetoric far beyond that. For example, in a 2005 petition she filed on Gul’s behalf, she went beyond the details of the case and took to slamming the Bush administration’s War on Terror policies.

Among her allegations was that the government channeled torture tactics which has been used at Abu Ghraib prison in Iraq on the Gitmo inmates.

“Many of the most egregious interrogation techniques used in the Abu Ghraib detention center and other detention facilities in Iraq—such as the use of aggressive dogs to intimidate detainees, sexual humiliation, stress positions and sensory deprivation—were pioneered at Guantanamo,” she wrote, insinuating her client was “subject to inhumane confinement conditions.”

In other words, Jackson’s allegations were channeling much of the same talking points as far-left advocacy groups and a number of Democratic politicians at the time. However a 2005 report of the Pentagon inspector general disputes that, although much of it is still classified. In fact, Vice Admiral Albert Church outright disputed any nexus between Abu Ghraib and Gitmo.

Possible Biden SCOTUS nominee was "active and dedicated" advocate for terror suspects

Jackson also took to criticizing what she called the “extraordinary rendition” program whereby detainees were transferred to other countries where they underwent “prolonged detention and torture.” Gul was never put in the program, and was ultimately sent back to his native Afghanistan.

The Beacon said Jackson also accused government lawyers of “serious ethical breaches.” For example, in 2006 she asked the presiding judge in the Gul case to sanction Justice Department lawyers over the government’s response to a number of detainee suicides.

Typically, “sanctions” are reserved only for serious misconduct and are an embarrassment to those involved. Among penalties for such conduct are remedial classes to suspension to outright disbarment in the relevant court.

Those suicides include three detainees who hung themselves on June 10, 2006, in their cells. The commander of Gitmo, Navy Rear Admiral Harry Harris referred to the incident as a coordinated protest act.

The suicides came after a May uprising in which guards were attacked by fan blades and broken light fixtures, and among revelations that some inmates were hoarding prescription medications.

NCIS begin looking into the suicides, with the fear inmates may attempt to kill themselves or attack camp personnel. The NCIS seized personal papers from some detainees, including Gul, to determine the extent of the conspiracy, if any.

Among those papers, were legal materials which fell under attorney-client privilege or which had otherwise been shielded from the government by court order.

After those papers were seized, the government asked the D.C. federal court to implement a so-called “filter team” for the purposes of separating protected legal materials from items pertinent to the NCIS probe.

Included in Jackson’s allegations of malfeasance were allegations that the government was violating the right of detainees to speak privately with their legal representatives. She also claimed the government tried to hide the seizure from the court in the first place, while urging U.S. District Judge James Robertson to impose sanctions.

Justice Department lawyers, however slammed Jackson and other lawyers representing prisoners who had accused the government of wrongdoing.

They noted that NCIS is an independent investigative agency, and would not conspire with either the Pentagon or military leadership at Gitmo to undermine a detainee’s legal defense, they said according to the Free Beacon.

“Petitioners’ filings reflect a penchant for ignoring or dismissing as lies any fact or matter inconsistent with a preconceived ‘torture narrative’ concerning Guantanamo,” Justice Department lawyers wrote.

Judge Robertson, a Bill Clinton appointee who had actually sided with the detainees in other matters outright rejected the request for sanctions without remark, claiming the NCIS had been justified in its steps.

On Dec. 20, 2014, the Defense Department announced Gul would be repatriated to Afghanistan under an executive order from Barack Obama which required the intelligence apparatus determine whether Gitmo detainees should be released, transferred, or prosecuted. Under the 2008 assessment, it was predicted Gul would return to terrorist activities absent close supervision.

While it isn’t known if Gul had any part in the Taliban’s rapid takeover of Afghanistan during the bungled Biden withdrawal, at least some former residents of Club Gitmo did so.

For example, the Free Beacon noted that one ex-detainee, Gholam Ruhani was among the commandos who last August stormed the presidential palace and was shown on-camera in former Afghan president Ashraf Ghani’s office holding a machine gun and reciting the Quran.

This brings us back to the potential nomination of Jackson to the Supreme Court. Republicans are going to be aware, if they’re not already, that Jackson was more than just a lawyer for the Taliban terrorists.

Apparently, Jackson has sent a written note to lawmakers on the Senate Judiciary Committee that her brother was deployed to Iraq as an Army infantryman. The White House and other leftists will likely attempt to claim that Jackson was “duty-bound” to represent Gul.

“I was keenly and personally mindful of the tragic and deplorable circumstances that gave rise to the U.S. government’s apprehension and detention of the persons who were secured at Guantanamo Bay,” she wrote.

That may be well and true, however the fact that after she left her position, she continued to advocate for Guantanamo Bay prisoners while in private practice.

One such incident involves an al Qaeda sleeper agent who was captured in the U.S. in Peoria, Illinois. Ali Saleh Kahlah al Marri was arrested in December 2001 for fraud, then designated him as an enemy combatant and ordered him detained at a naval brig in Charleston, S.C.

That case became a cause celebre for civil libertarian groups who said it amounted to federal crushing of constitutional rights post September 11. He was held by the military for years without being charged or without a trial, despite the fact he was a legal U.S. resident at the time of his arrest.

Jackson filed an amicus brief on Al Marri’s behalf, on behalf of libertarian groups such as the Cato Institute when the case reached the Supreme Court. However, before the court had a chance to hear the matter, the Obama administration decided to change his venue to the civilian judicial system.

In 2009, Al Marri pleaded guilty to conspiracy to provide material support to al Qaeda. He confessed to attending terrorist training camps, planning chemical attacks on waterways and tunnels, and engaging in secret communications with other terrorists, the Free Beacon reported. He served six years at the federal Supermax facility in Florence, Colorado prior to returning to Qatar in 2015.

Biden is expected to name his nominee to the high court before the end of the month.

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