James P. Cullen (27 January 1945 – 8 December 2017)
Obituary for James P. Cullen
/ref> was a brigadier general
Brigadier general or Brigade general is a military rank used in many countries. It is the lowest ranking general officer in some countries. The rank is usually above a colonel, and below a major general or divisional general. When appointed ...
in the United States Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
who served in the Judge Advocate General's Corps
The Judge Advocate General's Corps, also known as JAG or JAG Corps, is the military justice branch or specialty of the United States Air Force, Army, Coast Guard, Marine Corps and Navy. Officers serving in the JAG Corps are typically called judg ...
.[Open Letter to President Bush]
''Human Rights First
Human Rights First (formerly known as the Lawyers Committee for International Human Rights) is a nonpartisan, 501(c)(3), international human rights organization based in New York City and Washington, D.C. In 2004, Human Rights First started its " ...
'', September 9, 2004
Open letter to President Bush
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.[ 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
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
Justice Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
to recuse himself from considering Hamdan v. Rumsfeld
''Hamdan v. Rumsfeld'', 548 U.S. 557 (2006), is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Mili ...
.[Scalia's Recusal Sought in Key Detainee Case: Retired Officers Say Justice's Impartiality Is in Question After Remarks on Combatants]
''Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', March 28, 2006 On March 27, 2006, comments Scalia had made on the Guantanamo detainees and whether they were entitled to the protections of the Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
were widely republished.[No Legal Rights for Enemy Combatants, Scalia Says: 'War Is War,' Justice Tells Audience]
''Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'', March 27, 2006 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
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' 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.
See also
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