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Dan McCarthy (JAG)
Dan McCarthy is a captain in the United States Navy and one of around 730 lawyers who are members of the Judge Advocate General's Corps of the United States Navy. He was educated at the Duke University School of Law. McCarthy has been involved with the military commissions at Guantanamo Bay detention camp where over 250 suspected Enemy combatants and terrorists are being held to await trial. He is chief prosecutor of the Judge Advocate General's Corps of the United States Navy at the Guantanamo Bay Naval Base. McCarthy is also the one who introduced Ex parte Quirin to Lieutenant Commander Charles Swift which would become bases for the military tribunals at the Guantanamo Bay detention camp. While Lieutenant Commander Charles Swift was at the base McCarthy was his supervisor and close friend. See also * Judge Advocate General's Corps of the United States Navy *Guantanamo Bay detention camp *Guantanamo Bay Naval Base *Charles Swift Charles D. Swift (born 1961) is an Americ ...
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United States Of America
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Am ...
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Judge Advocate General's Corps, U
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a Judicial panel, panel of judges. A judge hears all the witnesses and any other Evidence (law), evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the Case law, case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial wiktionary:impartial, impartially and, typically, in an in open court, open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is ...
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Captain (United States)
In the uniformed services of the United States, United States uniformed services, captain is a Officer (armed forces), commissioned-officer rank. In keeping with the traditions of the militaries of most nations, the rank varies between the services, being a senior rank in the naval services and a junior rank in the ground and air forces. Many fire departments and police departments in the United States also use the rank of captain as an officer in a specific unit. Usage For the naval rank, a captain is a senior officer of U.S. uniformed services pay grades O-6 (the sixth officer rank), typically commanding seagoing vessels, major aviation commands and shore installations. This rank is used by the United States Navy, U.S. Navy, United States Coast Guard, U.S. Coast Guard, United States Public Health Service Commissioned Corps, U.S. Public Health Service Commissioned Corps, the NOAA Commissioned Officer Corps, National Oceanic and Atmospheric Administration Commissioned Corps, a ...
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Guantanamo Bay Detention Camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guantánamo Bay in Cuba. Of the roughly 780 people detained there since January 2002 when the military prison first opened after the September 11 attacks, 735 have been transferred elsewhere, 35 remain there, and 9 Death in custody, have died while in custody. The camp was established by U.S. President Presidency of George W. Bush, George W. Bush's administration in 2002 during the War on terror, War on Terror following the September 11, 2001 attacks. Indefinite detention without trial led the operations of this camp to be considered a major breach of human rights by Amnesty International, and a violation of the Due Process Clause of the Fifth Amendment to the United States Constitution, Fifth and Fourteenth Amendment to the United States Const ...
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United States Navy
The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage of its active battle fleet alone exceeding the next 13 navies combined, including 11 allies or partner nations of the United States as of 2015. It has the highest combined battle fleet tonnage (4,635,628 tonnes as of 2019) and the world's largest aircraft carrier fleet, with eleven in service, two new carriers under construction, and five other carriers planned. With 336,978 personnel on active duty and 101,583 in the Ready Reserve, the United States Navy is the third largest of the United States military service branches in terms of personnel. It has 290 deployable combat vessels and more than 2,623 operational aircraft . The United States Navy traces its origins to the Continental Navy, which was established during the American Re ...
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Duke University School Of Law
Duke University School of Law (Duke Law School or Duke Law) is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit that began in 1868 as the Trinity College School of Law. In 1924, following the renaming of Trinity College to Duke University, the school was renamed Duke University School of Law. Duke Law is consistently ranked as one of the top law schools in the United States, and admits about 14.5 percent of applicants. The law school is one of the "T14" law schools that have consistently ranked within the top 14 law schools since '' U.S. News & World Report'' began publishing rankings. According to Law.com, 91.36 percent of its 2018 graduating class were employed within 10 months, with a median starting salary in the private sector of $205,000. Duke's 2019 class bar passage rate was "almost 98 percent" — the second-highest bar passage rate in ...
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Enemy Combatants
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection "state" may be replaced by the more general term "party to the conflict" (as described in the 1949 Geneva Conventions Article 3). After the September 11 attacks, the term "enemy combatant" was used by the George W. Bush administration to include an alleged member of al-Qaeda or the Taliban being held in detention by the U.S. government. In this sense, "enemy combatant" actually refers to persons the United States regards as unlawful combatants, a category of persons who do not qualify for prisoner-of-war status under the Geneva Conventions. However, unlike unlawful combatants who qualify for some protections under the Fourth Geneva Convention, enemy combatants, under the Bush administration, were n ...
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Terrorism
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war against non-combatants (mostly civilians and neutral military personnel). The terms "terrorist" and "terrorism" originated during the French Revolution of the late 18th century but became widely used internationally and gained worldwide attention in the 1970s during the Troubles in Northern Ireland, the Basque conflict, and the Israeli–Palestinian conflict. The increased use of suicide attacks from the 1980s onwards was typified by the 2001 September 11 attacks in the United States. There are various different definitions of terrorism, with no universal agreement about it. Terrorism is a charged term. It is often used with the connotation of something that is "morally wrong". Governm ...
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Guantanamo Bay Naval Base
Guantanamo Bay Naval Base ( es, Base Naval de la Bahía de Guantánamo), officially known as Naval Station Guantanamo Bay or NSGB, (also called GTMO, pronounced Gitmo as jargon by members of the U.S. military) is a United States military base located on of land and water on the shore of Guantánamo Bay at the southeastern end of Cuba. It has been permanently leased to the United States since 1903 as a coaling station and naval base, making it the oldest overseas U.S. naval base in the world. The lease was $2,000 in gold per year until 1934, when the payment was set to match the value in gold in dollars; in 1974, the yearly lease was set to $4,085. Since taking power in 1959, the Cuban communist government has consistently protested against the U.S. presence on Cuban soil, arguing that the base "was imposed on Cuba by force" and is "illegal under international law." Since 2002, the naval base has contained a military prison, for alleged unlawful combatants captured in ...
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Charles Swift
Charles D. Swift (born 1961) is an American attorney and former career Navy officer, who retired in 2007 as a Lieutenant Commander in the Judge Advocate General's Corps, U.S. Navy, Judge Advocate General's Corps. He is most noted for having served as defense counsel for Salim Ahmed Hamdan,Navigating an odyssey to Guantánamo Bay
''National Law Journal'', December 2005
a detainee from Yemen who was the first to be charged at Guantanamo Bay; Swift took his case to the US Supreme Court. In 2005 and June 2006, the ''National Law Journal'' recognized Swift as one of the top lawyers nationally because of his work on behalf of justice for the detainees. Swift used the civil courts to challenge the constitutionality of the military tribunals and the legal treatment of detainees in ''Hamdan v. Rums ...
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Military Tribunals
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodies of law, which respectively govern the conduct of civil society and the conduct of the armed forces; each body of law has specific judicial procedures to enforce the law. Among the legal questions unique to a system of military justice are the practical preservation of good order and discipline, command responsibility, the legality of orders, war-time observation of the code of conduct, and matters of legal precedence concerning civil or military jurisdiction over the civil offenses and the criminal offenses committed by active-duty military personnel. Military justice is different and distinct from martial law, which is the imposition of direct military authority upon a civilian population, in place of the civilian legal system of law ...
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