James P. Cullen

James P. Cullen is a retired Brigadier General in the United States Army who served in the Judge Advocate General's Corps. [1]

Open letter to President Bush of September 7, 2004

On September 7, 2004 Cullen and seven other retired officers wrote an open letter to President Bush expressing their concern over the number of allegations of abuse of prisoners in U.S. military custody.[1] In it they wrote:

"We urge you to commit – immediately and publicly – to support the creation of a comprehensive, independent commission to investigate and report on the truth about all of these allegations, and to chart a course for how practices that violate the law should be addressed."

Scalia recusal

On March 28, 2006 Cullen, and five other retired officers, called on US Supreme Court Justice Antonin Scalia to recuse himself from considering Hamdan v. Rumsfeld. [2] On March 27, 2006 comments Scalia had made on the Guantanamo detainees and whether they were entitled to the protections of the Geneva Conventions were widely republished. [3] The officers felt that Scalia's comments showed he had already prejudged the merits of Hamdan's case before hearing the arguments in court.

The Washington Post observed that while a Justice was required to recuse himself or herself when they had a conflict of interest, the decision as to whether recusal was necessary was left to the discretion of the Justice in question. [2]

See also

References

  1. ↑ 1.0 1.1 Open Letter to President Bush, Human Rights First, September 9, 2004
  2. ↑ 2.0 2.1 Scalia's Recusal Sought in Key Detainee Case: Retired Officers Say Justice's Impartiality Is in Question After Remarks on Combatants, Washington Post, March 28, 2006
  3. ↑ No Legal Rights for Enemy Combatants, Scalia Says: 'War Is War,' Justice Tells Audience, Washington Post, March 27, 2006