Press Releases
Liberty & National Security
Supreme Court Agrees to Rehear Guantanamo Detainees’ Habeas Challenge
Today, the Supreme Court agreed to review a Circuit Court decision that upheld the Military Commissions Act of 2006 (MCA), which eliminated habeas corpus for Guantanamo detainees. In April the Court originally denied review of the appeals court’s 2-1 decision, finding that the MCA validly stripped Guantanamo detainees of habeas corpus because they have no constitutional rights. However, the Supreme Court reversed course today, granting the detainees’ motion to reconsider that decision and grant review.
– 06/29/07
Brennan Center Asks Supreme Court to Review Habeas Case
Today, the Brennan Center for Justice at NYU School of Law asked the U.S. Supreme Court to review an appeals court decision dismissing the habeas corpus action of Mohammad Munaf, an American citizen facing execution in Iraq. The Brennan Center’s petition argues that the lower court’s decision in Munaf v. Geren creates a dangerous precedent because it allows American citizens to be detained and delivered to another country for execution without judicial review by a U.S. court.
– 06/14/07
In Landmark Case, Court Upholds Habeas Corpus Rights
Today, in a watershed case, a federal appeals court ruled Ali Saleh Kahlah al-Marri, a legal resident of the United States, could not be detained indefinitely, without charge.
– 06/11/07
Brennan Center Calls On Congress To Investigate Why A U.S. Citizen Is Being Secretly Detained
Today, the Brennan Center for Justice at NYU School of Law called on members of Congress to investigate why a U.S. citizen has been detained in various African countries for the past three months without any charges brought against him.
– 05/16/07
Brennan Center Calls for Continued Access to Guantanamo Detainees
Today, a federal appeals court in Washington heard arguments in a significant case that will determine the future of attorneys access to Guantanamo detainees.
– 05/15/07
Perils of an Unchecked Executive
– 05/08/07
Where’s Congress in this Power Play?
Thirty years ago, a Senate committee headed by the late Sen. Frank Church exposed widespread abuses by law enforcement and intelligence agencies dating to the Franklin D. Roosevelt administration. In the name of “national security,” the FBI, CIA and National Security Agency spied on politicians, protest groups and civil rights activists; illegally opened mail; and sponsored scores of covert operations abroad, many of which imperiled democracy in foreign countries.
– 04/01/07
Court Gives Government the Right to Establish Prisons Outside the US
Today, the U.S. Court of Appeals for the District Court of Columbia dismissed habeas corpus petitions from approximately 400 people currently detained at the U.S. Detention Center in Guantanamo Bay, Cuba.
– 02/20/07
In a Landmark Ruling, DC Circuit Court Upholds Supreme Court View that War is not a Blank Check
The D.C. Circuit today issued a landmark ruling rejecting the Administration’s authority to detain U.S. citizens without judicial review. The Court rejected the government’s argument, accepted already by one federal district court, that the executive branch can detain a U.S. citizen, and deny him any access to judicial review, provided that it can point to some “international” authority for the detention.
Crucial Court Hearing Challenges Congress’ Power to Deprive Individuals of Habeas Corpus Rights
oday, for first time in court, lawyers challenged Congress’ power to deprive individuals in the U.S. of habeas corpus rights pursuant to the Military Commissions Act. Lawyers for Ali Saleh Kahlah al-Marri, who has been detained without charges since December 2001, argued the U.S. government’s detention policy - and the premises on which it is based—violate the U.S. Constitution. Government lawyers responded that the president is acting within his powers and that, due to passage of the Military Commissions Act, the circuit court of appeals lacks jurisdiction to hear the case.