Jackson was repeatedly asked about her work over a decade ago to help men Republican lawmakers called terrorists. Two senators claimed misleadingly that Jackson had called former President George W. Bush (then) and Defense Secretary Donald Rumsfeld (“war criminals”) in legal filings.
The senators and the nominee had a back-and-forth about the legal battles over terroristic threats and the extent to which the government can go in order to protect the country. Lindsey Graham (Republican from South Carolina) said Tuesday that he wanted the remaining detainees to “die in prison if they’re going back and killing Americans.” “
Jackson stated that she did not choose to represent detainees, but was assigned cases during her time as a federal public defense lawyer from 2005 to 2007. Jackson’s role was research, writing, and reporting.
Federal public defenders don’t get to choose their clients, she stated. Even the most serious crimes are represented by lawyers
The men Jackson represented are alleged to be an al-Qaida bomb specialist, a Taliban intelligence officer and a farmer who were trained to fight American forces.
No one was ever tried or convicted by the military commissions set up to handle the detainees. All of them were eventually freed.
Jackson was also asked about her role in writing a brief for former federal judges in another Guantanamo-related Guantanamo case before the Supreme Court. Jackson stated that her job was to represent her clients, which were the group of federal judges.
Jackson was originally assigned Guantanamo cases because she had experience working in appeals court cases. It was because her firm was assigned the man’s case.
The Guantanamo detention centre was still new. Jackson was a brother of an Army infantryman who was deployed in Iraq. Jackson was “keenly” and “personally mindful” of the circumstances leading to their detention.
Jackson’s representation in one case did not last long. Court documents say that Jackson represented Khudai Father’s case in November 2005. However, he was returned to Afghanistan three months later.
Jabran Al Qahtani was another client. He traveled from Saudi Arabia to fight against American forces in Afghanistan. Kolakowski stated that Qahtani quickly regretted the decision and “tried to escape Dodge.”
Jackson wrote that she values the work she did for Khi Ali Gul (a Taliban intelligence officer) as some of her most important work as an attorney.
Graham was a defense attorney in the Air Force and said that Jackson’s work as an air force public defender wasn’t what he had issues with.
“The American people should have a system that includes everyone, regardless of their political views.”
Graham and Senator John Cornyn (R-Texas) disagreed with Jackson’s use of certain words in court documents regarding Guantanamo bay. Jackson claimed that she had called Bush and Rumsfeld “war crimes”. “
Jackson never called anyone a war criminal. However, she did claim that the treatment of detainees was torture and violated federal laws.
39 men are still being held at Guantanamo by the government. Many have never been charged.