Civil Rights Groups Oppose Haynes Nomination
Feature Story by Tyler Lewis - 7/11/2006
The Bush administration's goal of packing the nation's courts with conservatives continues this week, as the Senate considers two controversial nominees -- William J. Haynes and Jerome Holmes.On July 11, the Senate Judiciary Committee held its second hearing on the nomination of Department of Defense (DOD) General Counsel William J. Haynes, II to the U.S. Court of Appeals for the Fourth Circuit.
Haynes was first nominated to the court in September of 2003, but his nomination stalled after he was voted out of committee in March of 2004. The Bush administration renominated him in February 2005.
Civil rights groups called for a second hearing once controversial Bush administration policies amounting to torture in Iraq, Afghanistan, Guantánamo Bay, and elsewhere came to light, which raised questions about his role in instituting the policies at DOD.
"We believe that Mr. Haynes' record as a chief architect and defender of the administration's policies...raises serious doubts about his commitment to the most rudimentary principles of due process and human rights," said Wade Henderson, executive director of the Leadership Conference on Civil Rights, in a July 10 letter to the Senate Judiciary Committee.
In addition, Haynes has defended the Bush administration's "enemy combatant" policy, which asserts that the U.S. government has the authority to imprison U.S. citizens and others indefinitely without access to counsel, trial, or judicial review.
"Mr. Haynes' record on the treatment of detainees shows basic disrespect for the rule of law - the one thing that, above all, a judge must respect. It is hard to imagine that fair-minded senators would vote to confirm him," said Alliance for Justice President Nan Aron.
Haynes' nomination has not been as smooth as other conservative Bush nominees.
Sen. Lindsey Graham, R. S.C., has expressed "reservations" about his nomination based on a number of military leaders' opposition to the nomination.
In a June 8 letter to the Senate, Sen. Graham quotes military leaders and discusses the review of memos from the leaders regarding detainees. "Were their concerns - which proved to be on-target - properly addressed by the civilian leaders, such as Mr. Haynes, when formulating DOD policy? And should we promote civilian leaders while personnel are being punished?" said Graham.
