David B. Sentelle
Encyclopedia
Judge David Bryan Sentelle (born February 12, 1943) is the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit
.
, the son of a mill worker. He attended college and law school at the University of North Carolina at Chapel Hill
. He earned his undergraduate degree in 1965 and his law degree in 1968.
in January 1970. From 1974 to 1977, he served as a North Carolina State District Judge. He then practiced law privately from 1977 until 1985 with the law firm of Tucker, Hicks, Sentelle, Moon & Hodge. In 1985 he was appointed to the U.S. District Court, Western District of North Carolina in Asheville by President Ronald Reagan
, where he served until his appointment to the D.C. Circuit.
Judge Sentelle taught as an adjunct professor at the law schools of the University of North Carolina
; Florida State; the Department of Criminal Justice; the University of North Carolina at Charlotte
; and George Mason University School of Law
. He presents regularly at educational programs for lawyers and judges on national security law.
to replace Antonin Scalia
. Sentelle was confirmed by the United States Senate
in an 87-0 vote on September 9, 1987. Sentelle's judicial clerks are known as Sentelle-tubbies.
On the D.C. Circuit, Sentelle voted to overturn the convictions of Oliver North
and John Poindexter
, along with Judge Laurence Silberman. He served on the Special Division of the Court which appointed Kenneth Starr
under the renewed Independent Counsel statute, replacing Robert B. Fiske
, who had been appointed by Attorney General Janet Reno
special prosecutor to investigate the allegations against President Bill Clinton
with respect to the Whitewater affair.
In 2007, in Boumediene v. Bush
, 375 U.S. App. D.C. 48, Judge Sentelle concurred with Judge Arthur Raymond Randolph
, relying on Johnson v. Eisentrager
, to uphold the Military Commissions Act of 2006
's suspension of habeas corpus
for enemy combatants as constitutional. Judge Judith Ann Wilson Rogers
dissented.
and Thomas B. Griffith
, overturned the determination of Hufaiza Parhat's Combatant Status Review Tribunal
on Friday June 20, 2008.
Parhat's was the first case to be ruled on since the Supreme Court's ruling in Boumediene v. Bush.
However, the ruling was made under a section of the Detainee Treatment Act
. The court held that even under the government's own interpretation of the statute, it has failed to offer sufficiently reliable evidence for its determination that Parhat's is an enemy combatant.
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
.
Early life and education
Sentelle was born in Canton, North CarolinaCanton, North Carolina
Canton is the second largest town in Haywood County, North Carolina, United States. It is located about west of Asheville, North Carolina and is part of the Asheville Metropolitan Statistical Area. The town is named after the city of Canton, Ohio.- History :...
, the son of a mill worker. He attended college and law school at the University of North Carolina at Chapel Hill
University of North Carolina at Chapel Hill
The University of North Carolina at Chapel Hill is a public research university located in Chapel Hill, North Carolina, United States...
. He earned his undergraduate degree in 1965 and his law degree in 1968.
Professional career
Following law school he practiced law with the firm of Ussell & Dumont until becoming an assistant U.S. Attorney in Charlotte, North CarolinaCharlotte, North Carolina
Charlotte is the largest city in the U.S. state of North Carolina and the seat of Mecklenburg County. In 2010, Charlotte's population according to the US Census Bureau was 731,424, making it the 17th largest city in the United States based on population. The Charlotte metropolitan area had a 2009...
in January 1970. From 1974 to 1977, he served as a North Carolina State District Judge. He then practiced law privately from 1977 until 1985 with the law firm of Tucker, Hicks, Sentelle, Moon & Hodge. In 1985 he was appointed to the U.S. District Court, Western District of North Carolina in Asheville by President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
, where he served until his appointment to the D.C. Circuit.
Judge Sentelle taught as an adjunct professor at the law schools of the University of North Carolina
University of North Carolina
Chartered in 1789, the University of North Carolina was one of the first public universities in the United States and the only one to graduate students in the eighteenth century...
; Florida State; the Department of Criminal Justice; the University of North Carolina at Charlotte
CHARLOTTE
- CHARLOTTE :CHARLOTTE is an American blues-based hard rock band that formed in Los Angeles, California in 1986. Currently, they are signed to indie label, Eonian Records, under which they released their debut cd, Medusa Groove, in 2010. Notable Charlotte songs include 'Siren', 'Little Devils',...
; and George Mason University School of Law
George Mason University School of Law
George Mason University School of Law is the law school of George Mason University, a state university in Virginia, United States...
. He presents regularly at educational programs for lawyers and judges on national security law.
Federal judicial service
On February 2, 1987, Reagan nominated Sentelle to a position on the United States Court of Appeals for the District of Columbia CircuitUnited States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
to replace Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
. Sentelle was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
in an 87-0 vote on September 9, 1987. Sentelle's judicial clerks are known as Sentelle-tubbies.
On the D.C. Circuit, Sentelle voted to overturn the convictions of Oliver North
Oliver North
Oliver Laurence North is a retired U.S. Marine Corps officer, political commentator, host of War Stories with Oliver North on Fox News Channel, a military historian, and a New York Times best-selling author....
and John Poindexter
John Poindexter
John Marlan Poindexter is a retired United States naval officer and Department of Defense official. He was Deputy National Security Advisor and National Security Advisor for the Reagan administration. He was convicted in April 1990 of multiple felonies as a result of his actions in the Iran-Contra...
, along with Judge Laurence Silberman. He served on the Special Division of the Court which appointed Kenneth Starr
Kenneth Starr
Kenneth Winston "Ken" Starr is an American lawyer and educational administrator who has also been a federal judge. He is best known for his investigation of figures during the Clinton administration....
under the renewed Independent Counsel statute, replacing Robert B. Fiske
Robert B. Fiske
Robert Bishop Fiske, Jr. is a prominent trial attorney and a partner with the law firm of Davis Polk & Wardwell in New York City...
, who had been appointed by Attorney General Janet Reno
Janet Reno
Janet Wood Reno is a former Attorney General of the United States . She was nominated by President Bill Clinton on February 11, 1993, and confirmed on March 11...
special prosecutor to investigate the allegations against President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
with respect to the Whitewater affair.
In 2007, in Boumediene v. Bush
Boumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
, 375 U.S. App. D.C. 48, Judge Sentelle concurred with Judge Arthur Raymond Randolph
Arthur Raymond Randolph
Arthur Raymond Randolph is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. He was appointed to the Court in 1990 and assumed senior status on November 1, 2008.-Biography:...
, relying on Johnson v. Eisentrager
Johnson v. Eisentrager
Johnson v. Eisentrager, 339 U.S. 763 , was a major decision of the U.S. Supreme Court, where it decided that U.S. courts had no jurisdiction over German war criminals held in a U.S.-administered German prison...
, to uphold the Military Commissions Act of 2006
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
's suspension of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
for enemy combatants as constitutional. Judge Judith Ann Wilson Rogers
Judith Ann Wilson Rogers
Judith Ann Wilson Rogers is a judge on the United States Court of Appeals for the District of Columbia Circuit. She was nominated by President Bill Clinton to replace current Associate Justice Clarence Thomas. She joined the circuit in 1994.She received an A.B. from Radcliffe College in 1961,...
dissented.
Hufaiza Parhat v. Gates
On Monday June 23, 2008 it was announced that a three judge panel of the D.C. Circuit, made up of David B. Sentelle, Merrick B. GarlandMerrick B. Garland
Merrick Brian Garland is an American federal judge on the United States Court of Appeals for the District of Columbia Circuit...
and Thomas B. Griffith
Thomas B. Griffith
Thomas Beall Griffith is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. Before his appointment to the bench he was Senate Legal Counsel, the chief legal officer of the United States Senate...
, overturned the determination of Hufaiza Parhat's Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
on Friday June 20, 2008.
Parhat's was the first case to be ruled on since the Supreme Court's ruling in Boumediene v. Bush.
However, the ruling was made under a section of the Detainee Treatment Act
Detainee Treatment Act
The Detainee Treatment Act of 2005 is an Act of the United States Congress that prohibits inhumane treatment of prisoners, including prisoners at Guantanamo Bay; requires military interrogations to be performed according to the U.S...
. The court held that even under the government's own interpretation of the statute, it has failed to offer sufficiently reliable evidence for its determination that Parhat's is an enemy combatant.
Publications
- Sentelle, David B. (2002). Judge Dave and the Rainbow PeopleJudge Dave and the Rainbow PeopleJudge Dave and the Rainbow People is a book by US Federal Judge David B. Sentelle about his involvement with the 1987 annual Rainbow Gathering....
. Green Bag Press, Washington D.C. ISBN 0-9677568-3-9