John Hutson
Encyclopedia
John Dudley Hutson is a retired United States Navy
rear admiral
, attorney, and former Judge Advocate General of the Navy
. He is the outgoing dean and president of University of New Hampshire School of Law in Concord, New Hampshire
, having served in the position since 2000.
Dean Hutson holds a B.A. from Michigan State University
, a J.D. from the University of Minnesota Law School
, and an LL.M. from Georgetown University Law Center
.
He has discussed having been asked about running for the United States House of Representatives
in the second district of New Hampshire
, but denies that he intends to do so.
Despite being a lifelong Republican, Hutson was a featured speaker at the 2008 Democratic National Convention on August 25 and August 27, 2008, who later announced that he was switching parties and endorsed Senator Barack Obama
. He was mentioned as a possible Republican replacement for U.S. Senator Judd Gregg
, prior to Gregg's nomination to be U.S. Secretary of Commerce
in the Obama Administration. The Senate vacancy was to have been filled by Bonnie Newman
, but Gregg ultimately withdrew his candidacy for the position.
dean Harold Koh, testified before the U.S. Senate Judiciary Committee in opposition to the appointment of Alberto Gonzales
as attorney general
of the United States
, because of his alleged role in attempting to provide legal guidance to the U.S. military justifying abusive interrogation practices, including that the War on Terror
"renders obsolete" and "renders quaint" aspects of the Geneva Conventions
.
In November 2005, his activities led the NHCLU
to name Hutson their recipient of that year's Bill of Rights
Award; Hutson had previously been the featured speaker at the 2004 annual meeting of that organization.
s".
Hutson said that he had been an early supporter of trial by military commission — provided those military commissions were conducted fairly. But he thought that the proposed process was flawed, and there had been too long a delay. In his prepared statement he argued that the captives should face charges before Military Courts Martial. And he argued that if they were to be convicted, they should be convicted using a high standard of proof.
He also argued that the captives who were not charged should not be held indefinitely.
to recuse himself from considering Hamdan v. Rumsfeld
.
On March 27, 2006 comments Scalia had made on the Guantanamo detainees and whether they were entitled to the protections of the Geneva Conventions
were widely republished.
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 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.
The Globe reported, at length, comments Hutson had made regarding a memo from Deputy Secretary of Defense Gordon England telling Armed Forces personnel to comply with the Geneva Conventions in its treatment of captives: "It kind of takes the wind out of the sails of people who say the Congress should simply authorize what the president had done in his original order. I'd like to see something coming of the CIA or Negroponte similarly."
s to replace those struck down by the US Supreme Court.
According to the Washington Post:
.
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
rear admiral
Rear Admiral
Rear admiral is a naval commissioned officer rank above that of a commodore and captain, and below that of a vice admiral. It is generally regarded as the lowest of the "admiral" ranks, which are also sometimes referred to as "flag officers" or "flag ranks"...
, attorney, and former Judge Advocate General of the Navy
Judge Advocate General's Corps, U.S. Navy
The Judge Advocate General's Corps also known as the "JAG Corps" or "JAG" is the legal arm of the United States Navy. Today, the corps consists of a worldwide organization of more than 730 Judge Advocates, 30 limited duty officers , 500 enlisted members and nearly 275 civilian personnel, serving...
. He is the outgoing dean and president of University of New Hampshire School of Law in Concord, New Hampshire
Concord, New Hampshire
The city of Concord is the capital of the state of New Hampshire in the United States. It is also the county seat of Merrimack County. As of the 2010 census, its population was 42,695....
, having served in the position since 2000.
Dean Hutson holds a B.A. from Michigan State University
Michigan State University
Michigan State University is a public research university in East Lansing, Michigan, USA. Founded in 1855, it was the pioneer land-grant institution and served as a model for future land-grant colleges in the United States under the 1862 Morrill Act.MSU pioneered the studies of packaging,...
, a J.D. from the University of Minnesota Law School
University of Minnesota Law School
The University of Minnesota Law School, located in Minneapolis, Minnesota, USA, is a professional school of the University of Minnesota. The school offers a Juris Doctor , Masters of Law for Foreign Lawyers, and joint degrees with J.D./M.B.A., J.D./M.P.A, J.D./M.A., J.D./M.S., J.D./Ph.D.,...
, and an LL.M. from Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
.
He has discussed having been asked about running for the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
in the second district of New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, but denies that he intends to do so.
Despite being a lifelong Republican, Hutson was a featured speaker at the 2008 Democratic National Convention on August 25 and August 27, 2008, who later announced that he was switching parties and endorsed Senator Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
. He was mentioned as a possible Republican replacement for U.S. Senator Judd Gregg
Judd Gregg
Judd Alan Gregg is a former Governor of New Hampshire and former United States Senator from New Hampshire, who served as chairman of the Senate Budget Committee. He is a member of the Republican Party and was a businessman and attorney in Nashua before entering politics...
, prior to Gregg's nomination to be U.S. Secretary of Commerce
United States Secretary of Commerce
The United States Secretary of Commerce is the head of the United States Department of Commerce concerned with business and industry; the Department states its mission to be "to foster, promote, and develop the foreign and domestic commerce"...
in the Obama Administration. The Senate vacancy was to have been filled by Bonnie Newman
Bonnie Newman
Jane Ellen "Bonnie" Newman is an American administrator and business executive who was selected to be the United States Senator from New Hampshire but did not take office when the vacancy she was to fill did not materialize....
, but Gregg ultimately withdrew his candidacy for the position.
Open letter to President Bush of September 7, 2004
On September 7, 2004 Hutson 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."
January 2005 Congressional testimony
In January 2005, Dean Hutson, along with Yale Law SchoolYale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
dean Harold Koh, testified before the U.S. Senate Judiciary Committee in opposition to the appointment of Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
as attorney general
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, because of his alleged role in attempting to provide legal guidance to the U.S. military justifying abusive interrogation practices, including that the War on Terror
War on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
"renders obsolete" and "renders quaint" aspects of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
.
In November 2005, his activities led the NHCLU
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
to name Hutson their recipient of that year's Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
Award; Hutson had previously been the featured speaker at the 2004 annual meeting of that organization.
July 14, 2005 Congressional testimony
Hutson testified before the Senate Armed Services Personnel Subcommittee, offering his opinion on the detention of "unlawful combatantUnlawful combatant
An unlawful combatant or unprivileged combatant/belligerent is a civilian who directly engages in armed conflict in violation of the laws of war. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action.The Geneva Conventions apply in wars...
s".
Hutson said that he had been an early supporter of trial by military commission — provided those military commissions were conducted fairly. But he thought that the proposed process was flawed, and there had been too long a delay. In his prepared statement he argued that the captives should face charges before Military Courts Martial. And he argued that if they were to be convicted, they should be convicted using a high standard of proof.
He also argued that the captives who were not charged should not be held indefinitely.
Scalia recusal
On March 28, 2006 Hutson, and five other retired officers, called on US Supreme Court Justice Antonin ScaliaAntonin 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...
to recuse himself from considering Hamdan v. Rumsfeld
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , 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 lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
.
On March 27, 2006 comments Scalia had made on the Guantanamo detainees and whether they were entitled to the protections of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
were widely republished.
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 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.
July 2006 Congressional testimony
The Boston Globe reported on July 11, 2006 that Hutson was scheduled to testify before the House and Senate Armed Services Committees.The Globe reported, at length, comments Hutson had made regarding a memo from Deputy Secretary of Defense Gordon England telling Armed Forces personnel to comply with the Geneva Conventions in its treatment of captives: "It kind of takes the wind out of the sails of people who say the Congress should simply authorize what the president had done in his original order. I'd like to see something coming of the CIA or Negroponte similarly."
Comments on Bush plan for new Guantanamo military commissions
The Washington Post reports that Hutson commented on a draft bill from the Bush administration for new Guantanamo military commissionGuantanamo military commission
The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...
s to replace those struck down by the US Supreme Court.
According to the Washington Post:
- "
"A second chance to get it right"
Hutson published an article entitled: "Detainee treatment: a second chance to get it right", on August 3, 2006.Ghosts of Abu Ghraib
Hutson was one of the lawyers and former Navy Officers interviewed for the HBO documentary Ghosts of Abu GhraibGhosts of Abu Ghraib
Ghosts of Abu Ghraib is a 2007 documentary film directed by Rory Kennedy. It is an examination of the events of the 2004 Abu Ghraib torture and prisoner abuse scandal. The film premiered January 19, 2007 at the 2007 Sundance Film Festival....
.
See also
- David M. BrahmsDavid M. BrahmsDavid M. Brahms is a retired Brigadier General who served in the United States Marine Corps.-Military career:Brahms, a 1959 Harvard College graduate David M. Brahms (born 1938) is a retired Brigadier General who served in the United States Marine Corps.-Military career:Brahms, a 1959 Harvard...
- James P. CullenJames P. CullenJames P. Cullen is a retired Brigadier General in the United States Army who served in the Judge Advocate General's Corps.-Open letter to President Bush of September 7, 2004:...
- John L. Fugh
- Robert GardRobert GardLieutenant General Robert G. Gard, Jr. is the Senior Military Fellow at the Center for Arms Control and Non-Proliferation where his work focuses on nuclear nonproliferation, missile defense, Iraq, Iran, military policy, nuclear terrorism, and other national security issues.-History:Gard was...
- Lee F. GunnLee F. GunnLee F. Gunn is a retired Vice Admiral and former Naval Inspector General of the United States Navy.-Education and Family:...
- Donald J. Guter
- Joseph Hoar
- Richard O'MearaRichard O'MearaRichard O'Meara is a retired Brigadier General in the United States Army.O'Meara is a combat veteran of the War in Vietnam. Following his Vietnam service, he earned a law degree and joined the Judge Advocate General's Corps, U.S. Army. He retired from the United States Army Reserves in 2002, after...
External links
- "Vindicating Gonzales", John CornynJohn CornynJohn Cornyn, III is the junior United States Senator for Texas, serving since 2003. He is a member of the Republican Party. He was elected Chairman of the National Republican Senatorial Committee for the 111th U.S. Congress....
, National Review Online, February 2, 2005 - "The Torture Memo By Judge Jay S. Bybee That Haunted Alberto Gonzales's Confirmation Hearings", John DeanJohn DeanJohn Wesley Dean III is an American lawyer who served as White House Counsel to United States President Richard Nixon from July 1970 until April 1973. In this position, he became deeply involved in events leading up to the Watergate burglaries and the subsequent Watergate scandal cover-up...
, WritWritIn common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
, January 14, 2005 - Interview with John Hutson, Glenn GreenwaldGlenn GreenwaldGlenn Greenwald is an American lawyer, columnist, blogger, and author. Greenwald worked as a constitutional and civil rights litigator before becoming a contributor to Salon.com, where he focuses on political and legal topics...
, Salon.comSalon.comSalon.com, part of Salon Media Group , often just called Salon, is an online liberal magazine, with content updated each weekday. Salon was founded by David Talbot and launched on November 20, 1995. It was the internet's first online-only commercial publication. The magazine focuses on U.S...
, December 9, 2008