Detention & Habeas Corpus
In the aftermath of 9/11, the Bush administration authorized the wholesale detention of individuals suspected of terrorism. While in executive detention, which is often shrouded in secrecy, prisoners have been forbidden access to due process of the law and fair judicial review. Despite the fact that habeas corpus is a constitutionally protected law that allows the imprisoned to question the grounds for their detention, the government has denied these individuals this right.
The
Geren v. Omar and Munaf v. Geren
The Brennan Center represents two United States citizens, Shawqi Omar and Mohammad Munaf, who have been detained by the United States in Iraq for more than two years, and whose cases will be heard in the Supreme Court in March 2008. On June 12, 2008, the Supreme Court issued its decision in this case.
The Center is defending a Qatari national detained as an “enemy combatant” in the United States. Mr. Al-Marri has been imprisoned without trial and without due process. The case was heard en banc in the Fourth District Court on October 31, 2007, and we are awaiting the decision. A separate, ongoing case is challenging Mr. al-Marri’s conditions of confinement.
Arar v. Ashcroft (Second Circuit Court of Appeals)
The Brennan Center filed an amicus brief in the Second Circuit Court of Appeals on behalf of a group of federal judges in support of Maher Arar, a Canadian who was subject to extraordinary rendition to Syria.
Kennedy: “Liberty and Security Can Be Reconciled”
Today, the Supreme Court’s decision in Boumediene v. Bush was a clear rebuke of the Administration’s attempt to deny Guantanamo detainees’ basic rights....
(Updated) Analysis of the Court decisions continues to roll in. Listen to Slate’s Bazelon on the Brian Lehrer show, Nina Totenberg on NPR, read the Times reaction…
Fine’s Tome Incomplete Without Ashcroft
A Justice Dept.’s report reveals that working in this Administration really does mean never having to say you’re sorry—or, indeed, anything else....
Illustrations by Risko
BC Responds: Boumediene & Omar and Munaf Decisions
Today, in two cases, the Supreme Court affirmed the paramount importance of habeas corpus as a cornerstone of the rule of law.
U.S. Government Admits It Destroyed Videotape in Enemy Combatant Case
Yesterday the U.S. government admitted, for the first time, that officials destroyed videotapes that documented interrogations of Ali Almarri, the only alleged “enemy combatant” still detained on U. S. soil.
Discredited Yoo Memos Led to “Enemy Combatant” Detainment and Denial of Habeas Corpus
Today, the Brennan Center for Justice asked a federal court to end the detention of a U.S. resident who is being held on the advice of long-discredited Office of Legal Counsel (OLC) memos which sought to justify torture and indefinite detention.
Retired Judges Letter to Congress on Court Stripping of Habeas Corpus
Retired federal judges write to Congress to express concern about a proposed amendment to the Defense Authorization bill.
Law Professors’ Letter to Senators Regarding Graham Amendment (Act S. 1042)
A group of law professors write in opposition to the Amendment, introduced by Senator Lindsey Graham, to the Department of Defense Authorization Act.
Written Congressional Testimony of Stephen Schulhofer
The written congressional testimony of Professor Schulhofer of New York University School of Law before the Senate Judiciary Committee on “Detainees”
Justice Scalia’s Dueling Opinions
Scalia’s opinion in the ruling overturning D.C.’s gun ban shows the flaws of his trademark judicial thinking. Especially since he marshaled nearly the reverse logic in his dissent to the Guantanamo detainee case.
Aziz Huq on Boumediene v. Bush and Guantanamo’s Future
Brennan Center’s Aziz Huq appeared on Lawyer 2 Lawyer to discuss the recent SCOTUS decision in Boumediene v. Bush. Radio show posted to the Legal Talk Network on June 19.
Canadian decision in a Guantanamo Bay case should guide U.S. Justices.