JURIST - Paper Chase: Judge rules marine can use DOJ memos as evidence in court-martial

Marine Maj. Clarke Paulus, who faces court-martial in the death of an Iraqi prison inmate, will not be allowed to subpoena federal Judge Jay Bybee, who, while serving as head of the Justice Department's Office of Legal Counsel, wrote memos saying the Geneva Conventions don't apply to some prisoners of war. Paulus will, however, be allowed to use the 2002 memos to cross-examine a prosecution witness who is expected to testify about the Geneva Conventions and the laws of war. Paulus' court-martial is scheduled to begin next month, where he will face charges of ordering the assault of an Iraqi prisoner and allowing the prisoner to lie naked on the ground for hours without proper medical treatment. Paulus' lawyers want to use Bybee's memos to show that Paulus wasn't derelict in his duties because the Geneva Conventions arguably didn't apply to the prisoners in Paulus' care. The San Diego Union-Tribune has more. One of Bybee's memos (from August 2002) is available online here [PDF].

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