12-06-2019  2:52 am   •   PDX Weather    •   SEA weather  
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NORTHWEST NEWS

Black Food Professionals See Opportunities to “Scale Up” in School Cafeterias and on Store Shelves

Two Portland women are addressing disparities in the local food scene with Ethiopian and Haitian flavors, ingredients

Portland Fire Chief Sara Boone Climbing Historic Ladders

In 1995, Boone was the first African American woman hired by Portland Fire & Rescue; this year she became its first African American Chief

Christmas Tree Shopping is Harder Than Ever, Thanks to Climate Change and Demographics

For Christmas tree farms to survive, shoppers will need to be more flexible

November Holiday Travel at PDX Brings More Comfort, Convenience and Furry Friends

If you’ve not been to Portland International Airport in a few months, you’re in for some surprises.

NEWS BRIEFS

Conservation Breakthrough for Endangered Butterfly

The Oregon Zoo's breeding success provides new hope in an effort to save Oregon silverspots ...

Meet 80 Local Authors at OHS 52nd Holiday Cheer Book Sale and Signing

This free Oregon Historical Society event will be held this Sunday, December 8 from 12 p.m. – 4 p.m. ...

Need for Blood Doesn’t Stop for Holidays – Donors Needed

Those who come to give through Dec. 18 will receive a Amazon.com Gift Card ...

North Carolina Court Decision Upholds Removal of Confederate Monument

Lawyers argued that the monument was installed at the end of Reconstruction to further the false “Lost Cause” narrative,...

Artist Talk with 13-year-old Local to be Held This Tuesday, Nov. 26

Hobbs Waters will be discussing his solo exhibit “Thirteen” at The Armory in Portland ...

Man who 'freaked out’ on plane, forced landing pleads guilty

PORTLAND, Ore. (AP) — A Washington man who ingested methamphetamine before getting on a plane in Seattle and had what a prosecutor called a "freak out'' on board pleaded guilty Thursday to interfering with crew members after the California-bound flight was forced to land in Portland.The...

Owners of Thai restaurant chain get prison for tax fraud

SEATTLE (AP) — A couple that used software to hide more than jumi million in revenue at the Thai restaurant chain they owned have each been sentenced to several months in prison and ordered to pay thousands of dollars in fines.The U.S. Attorney's Office in Seattle said Thursday that Chadillada...

Missouri fires football coach Barry Odom after 4 seasons

KANSAS CITY, Mo. (AP) — Missouri fired football coach Barry Odom on Saturday, ending the four-year stay of a respected former player who took over a program in disarray but could never get the Tigers over the hump in the brutal SEC.The Tigers finished 6-6 and 3-5 in the conference after...

Powell, Missouri snap 5-game skid with win over Arkansas

LITTLE ROCK, Ark. (AP) — In a game started by third- and fifth-string quarterbacks, the outcome was decided by one of their backups. It was appropriate enough for Arkansas and Missouri, two teams facing their longest losing streaks in decades.Fayetteville High School graduate Taylor Powell...

OPINION

Will You Answer the Call for Moral Revival?

In embracing and expanding the legacy of Dr. Martin Luther King, Jr., Revs. Barber and Theoharis have asked Presidential candidates to consider a debate that focuses exclusively on poverty ...

What I’m Thankful For This Season

Ray Curry gives thanks for a human right that shaped our country throughout the 20th century and that made Thanksgiving possible for so many Americans who, like him, didn’t get here by way of the Mayflower ...

Congressional Black Caucus Members Visit U.S.-Mexico Border: “Mistreatment of Black Immigrants is Another ‘Stain on America’”

Members said they witnessed first-hand the deplorable treatment and plight of Black immigrants ...

Portland, I'm Ready

Last month I had the privilege to stand with hundreds of supporters and announce my intention to run for re-election ...

AFRICAN AMERICANS IN THE NEWS

Kansas judge accused of bigotry, profanities in courthouse

WICHITA, Kan. (AP) — A foul-mouthed Kansas judge accused of bigotry and racism who cursed at courthouse employees so often that a trial clerk kept a “swear journal” documenting his obscene outbursts is facing complaints that his conduct violates the central judicial canons of...

Buttigieg backs black leaders after Indiana event disrupted

HENNIKER, N.H. (AP) — Democratic presidential candidate Pete Buttigieg is applauding African American leaders in his home city for “speaking their truth” after a protester disrupted an event held to demonstrate black support for the mayor in South Bend, Indiana.African American...

Panel calls for Virginia to purge dozens of old racist laws

RICHMOND, Va. (AP) — The laws are still on the books in Virginia: Blacks and whites must sit in separate rail cars. They cannot use the same playgrounds, schools or mental hospitals. They can’t marry each other either.The measures have not been enforced for decades, but they remain in...

ENTERTAINMENT

Timberlake apologizes to wife for ‘strong lapse in judgment’

NEW YORK (AP) — Justin Timberlake has publicly apologized to his actress-wife Jessica Biel days after he was seen holding hands with the co-star of his upcoming movie.The pop star and actor wrote Wednesday on Instagram that he prefers to “stay away from gossip as much as I can, but...

Veteran producer of 'WarGames,' 'Blue Bloods," dies at 85

LOS ANGELES (AP) — Leonard Goldberg, a network and studio executive and producer whose TV credits ranged from “Starsky and Hutch” in the 1970s to the current drama series “Blue Bloods” and whose independent movies included “WarGames” and...

'Once Upon a Time,' 'Portrait' top AP's 2019 best films list

Associated Press Film Writers Lindsey Bahr and Jake Coyle name their choices for the best films of 2019.LINDSEY BAHR1. “Once Upon a Time...in Hollywood": Quentin Tarantino’s movie business fairy tale, featuring all-time performances from two of our great living movie stars, and the...

U.S. & WORLD NEWS

Pearl Harbor vet’s interment to be last on sunken Arizona

PEARL HARBOR, Hawaii (AP) — On Dec. 7, 1941, then-21-year-old Lauren Bruner was the second-to-last man to...

Chase with stolen UPS truck ends with shootout, 4 dead

MIRAMAR, Fla. (AP) — Four people, including a UPS driver, were killed Thursday after robbers stole the...

A locker, a chirp: How tiny clues help solve child sex cases

FAIRFAX, Va. (AP) — It was the odd-looking locker handles that caught their eye.Investigators spent hours...

Nobel body: ‘Highly problematic’ that peace winner silent

COPENHAGEN, Denmark (AP) — The director of the Norwegian Nobel Institute has called it “highly...

As 58 migrants drown off Africa, a call to stop smugglers

NOUAKCHOTT, Mauritania (AP) — The drowning of at least 58 migrants in the Atlantic Ocean off Mauritania...

Injured journalist seeks answers from Hong Kong police

HONG KONG (AP) — More than two months after being blinded in one eye by what she believes was a projectile...

McMenamins
Bill Mears CNN Supreme Court Producer

WASHINGTON (CNN) -- A federal judge used tough language to block efforts by the Obama administration to limit the legal rights of terror suspects held at the Guantanamo Bay military prison in Cuba, ruling Thursday that proposed changes were an "illegitimate exercise of executive power."

Officials of the departments of Justice and Defense had claimed they alone should decide when the prisoners deserve regular access to their attorneys.

But in a 32-page ruling, Judge Royce Lamberth said federal courts had proper authority to decide the matter, and criticized the executive branch for recently changing the procedures, when he said the current system was working well.

"The old maxim 'if it ain't broke, don't fix it' would seem to caution against altering a counsel-access regime that has proven safe, efficient, and eminently workable," said Lamberth. "Indeed," he added, "the government had no answer when the court posed this question in oral arguments" last month.

"Access to the courts means nothing without access to counsel," added the judge.

Justice Department lawyers said they have started restricting when Guantanamo prisoners could challenge their detention in the Washington-based federal court. If approved, any relaxing of the rules would be made on a case-by-case basis at the exclusive discretion of military officials, not by the courts.

At issue is whether a Supreme Court decision on detainee rights from 2008 gives federal courts the ultimate power to control so-called "habeas" petitions from foreign combatants in U.S. military custody. Volunteer private lawyers say they deserve regular access to their imprisoned clients, even if there is no active habeas challenge pending in court, or any pending charges.

Under the proposed changes, the Navy base commander at Guantanamo would have sole veto power over attorney access, as well as access to classified material, including information provided directly by the detainees from interrogations.

"The dispute thus before the court, though important, is quite narrow," said the government in its earlier legal filing. "The only question presented is whether detainees who have neither current nor impending habeas petitions are entitled to" challenge continued access to counsel. "The answer to that question is 'no.'"

Lamberth's Washington-based federal court has been handling the many appeals filed by the prisoners. There are currently 168 detainees -- all male -- in the Guantanamo facility, most of whom do not have pending charges. Five Muslim men labeled "high-value detainees" are being prosecuted before a military commission for their alleged leadership roles in the 9/11 terrorist attacks.

In the so-called Boumediene ruling in 2008, the high court said "enemy combatants" held overseas in U.S. military custody have a right to a "meaningful review" of their detention in the civilian legal justice system. It would force the government to present evidence and justify keeping the prisoners indefinitely, without charges. But a federal appeals court in Washington has since refused to order the release of any detainee filing a habeas corpus writ, in some cases rejecting such orders from lower-court judges.

Civil rights groups applauded the court opinion.

"The court has correctly recognized the government's attempt to restrict attorney access to the men at Guantanamo as the latest in a ten year history of successive efforts to "delay, hinder, or prevent access to the courts," said Vincent Warren, executive director of the Center for Constitutional Rights, which has been representing many of the Gitmo prisoners. "The new rules came out of the blue and can only be seen as an effort to punish the men at Guantanamo for exercising their right to challenge their detention. These rules would have given the government unfettered control over Guantanamo. As the court said, the executive cannot be trusted with such power."

The administration has argued it does not seek to restrict lawyers who have an active legal appeal, but that the rights of detainees shrink once they have filed their first habeas challenge. The military says lawyers must now agree to the new conditions in order to have continued access to their clients and to any classified information the military would deem to release.

And lawyers would be prohibited from using any information they gather that might help the prisoners appearing before a Periodic Review Board. Review boards are newly designed panels of military officials to decide whether a Guantanamo inmate should continue to be held, and whether that person is a national security threat.

Those boards were put in place by President Barack Obama by executive order, but have not been fully implemented.

"Executive Order 13,567 does not provide detainees who undergo PRB review with a judicially enforceable right to counsel, or any justification for asking the Court to impose a counsel-access regime on the PRB process other than the one developed, per the Order's direction, by the Secretary of Defense," said the government. "As a general matter, executive orders are viewed as management tools for implementing the President's policies, not as legally binding documents that may be enforced against the Executive Branch."

The government said the court's power to intervene was limited, and had urged Judge Lamberth to deny the request guaranteeing attorney access. But in strong language the judge refused.

"The court has an obligation to assure that those seeking to challenge their executive detention by petitioning for habeas relief have adequate, effective and meaningful access to the courts," said Lamberth. "And it is undisputed that petitioners here have a continuing right to seek habeas relief. It follows that petitioners have an ongoing right to access the courts and, necessarily, to consult with counsel. Therefore, the Government's attempt to supersede the court's authority is an illegitimate exercise of executive power.

"The court, whose duty it is to secure an individual's liberty from unauthorized and illegal Executive confinement, cannot now tell a prisoner that he must beg leave of the executive's grace before the court will involve itself. This very notion offends the separation-of-powers principles and our constitutional scheme."

The Justice Department now has the option of asking a federal appeals court to intervene.

The case is In re: Guantanamo Bay Detainee Continued Access to Counsel (1:04-cv-1254).

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