Gladys Kessler
Encyclopedia
Gladys Kessler is an American
jurist who sits on the U.S. District Court for the District of Columbia
. She was nominated to the court by President
Bill Clinton
, and confirmed in July 1994.
After receiving her B.A. from Cornell University
and LL.B. from Harvard Law School
, she was hired by the National Labor Relations Board
. She worked as a legislative assistant
to U.S. Senator Harrison A. Williams
(D
–NJ
), later convicted in the Abscam scandal
, and subsequently for U.S. Congressman Jonathan B. Bingham (D
–NY
). Kessler worked for the New York City Board of Education, and then opened a public interest law firm. In June 1977, she was appointed Associate Judge of the Superior Court of the District of Columbia
, and from 1981 to 1985 served as Presiding Judge of the Family Division. She was President of the National Association of Women Judges from 1983 to 1984, and currently serves on the Executive Committee of the American Bar Association
Conference of Federal Trial Judges and the U.S. Judicial Conference's Committee on Court Administration and Management.
Kessler is the first judge to consider an appeal that the Executive branch is violating the new Detainee Treatment Act
.
In 2006, she heard the case of Mohammad Bawazir, a prisoner at Camp Delta
. The George W. Bush Administration
argued that the Detainee Treatment Act
, lesiglation spearheaded by John McCain
banning cruel or inhuman treatment, did not apply to Bawazir and other detainees at the Guantanamo Bay detention camp, Cuba
.
On October 10, 2007, the Washington Post headlined "Judge Orders U.S. Not to Transfer Tunisian Detainee," and reported that Judge Kessler "ruled last week that Mohammed Abdul Rahman cannot be sent [from Guantanamo] to Tunisia because he could suffer 'irreparable harm." The detainee's lawyer said, "The executive has now been told it cannot bury its Guantanamo mistakes in Third World prisons." He also stated that, "This is the first time the judicial branch has exercised its inherent power to control the excesses of the executive as to treatment of prisoners at Guantanamo Bay."
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurist who sits on the U.S. District Court for the District of Columbia
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
. She was nominated to the court by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
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...
, and confirmed in July 1994.
After receiving her B.A. from Cornell University
Cornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...
and LL.B. from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
, she was hired by the National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
. She worked as a legislative assistant
Legislative assistant
A legislative assistant is a legislative staffer who works for a legislator by monitoring pending legislation, conducting research, drafting legislation, giving advice and counsel, and making recommendations....
to U.S. Senator Harrison A. Williams
Harrison A. Williams
Harrison Arlington "Pete" Williams, Jr. was a Democrat who represented New Jersey in both the United States House of Representatives and the United States Senate . Williams was convicted on May 1, 1981 for taking bribes in the Abscam sting operation, and resigned from the U.S. Senate in 1982...
(D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
–NJ
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
), later convicted in the Abscam scandal
Abscam
Abscam was a United States Federal Bureau of Investigation sting operation run from the FBI's Hauppauge, Long Island, office in the late 1970s and early 1980s...
, and subsequently for U.S. Congressman Jonathan B. Bingham (D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
–NY
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
). Kessler worked for the New York City Board of Education, and then opened a public interest law firm. In June 1977, she was appointed Associate Judge of the Superior Court of the District of Columbia
Superior Court of the District of Columbia
The Superior Court of the District of Columbia is the local trial court for the District of Columbia. It hears cases involving criminal and civil law. The court also handles specialized cases in the following areas: family court, landlord and tenant, probate, tax, and traffic offenses...
, and from 1981 to 1985 served as Presiding Judge of the Family Division. She was President of the National Association of Women Judges from 1983 to 1984, and currently serves on the Executive Committee of the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
Conference of Federal Trial Judges and the U.S. Judicial Conference's Committee on Court Administration and Management.
Kessler is the first judge to consider an appeal that the Executive branch is violating the new 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...
.
In 2006, she heard the case of Mohammad Bawazir, a prisoner at Camp Delta
Camp Delta
Camp Delta is a permanent detainment camp at Guantanamo Bay that replaced the temporary facilities of Camp X-Ray. Its first facilities were built between February 27 and mid-April 2002 by Navy Seabees, Marine Engineers, and workers from Halliburton subsidiary Kellogg, Brown and Root...
. The George W. Bush Administration
George W. Bush administration
The presidency of George W. Bush began on January 20, 2001, when he was inaugurated as the 43rd President of the United States of America. The oldest son of former president George H. W. Bush, George W...
argued that 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...
, lesiglation spearheaded by John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
banning cruel or inhuman treatment, did not apply to Bawazir and other detainees at the Guantanamo Bay detention camp, Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
.
On October 10, 2007, the Washington Post headlined "Judge Orders U.S. Not to Transfer Tunisian Detainee," and reported that Judge Kessler "ruled last week that Mohammed Abdul Rahman cannot be sent [from Guantanamo] to Tunisia because he could suffer 'irreparable harm." The detainee's lawyer said, "The executive has now been told it cannot bury its Guantanamo mistakes in Third World prisons." He also stated that, "This is the first time the judicial branch has exercised its inherent power to control the excesses of the executive as to treatment of prisoners at Guantanamo Bay."