Friday, January 23, 2009

BIG news: U.S. not to proceed with charges against civilian contractor

The Las Vegas Sun is reporting that the military will not proceed with a court-martial against the civilian contractor, Justin Price, whose case we discussed here. Here's a link to the Las Vegas Sun article.

Last Friday, counsel for the civilian contractor -- including our very own No Man -- filed this habeas petition on his behalf in the U.S. District Court for the District of Columbia. According to the Sun, military officials in Iraq "are making arrangements for Price to return home." If the Sun is correct, then the petition, which is pending before Judge Sullivan, will become moot.


Dew_Process said...

"The Justice Department previously decided to not pursue charges against Price, citing lack of evidence." From the article.

If there is insufficient "evidence" to warrant a DoJ prosecution, how is there sufficient evidence for a prosecution under the UCMJ?

It is also very disturbing to see that Price was illegally detained for 8 days - that's unconscionable and someone should be disciplined for that. Had Gates' decision been communicated promptly, Mr. Price would not have had to incur the legal expenses he incurred in having his lawyers research, draft and file his Habeas petition.

John O'Connor said...

I don't think I'm betraying any confidences in saying that we did the habeas petition for free, bcause it was the right thing to do.

Dew_Process said...

JOC and No Man et al.,

You guys get the Salute of the Week!

In the highest tradition of the Bar, doing what's "right" on a pro bono basis is a credit to you individually and professionally, as well as your Firm.

Great job; well done!

John O'Connor said...

FYI, Justin Price returned to the U.S. and was reunited with his family yesterday. Consequently, we voluntarily dismissed his habeas petition today.

James Adolph remains in PTC in Kuwait, so his habeas petition continues apace.