Articles tagged with: habeas corpus

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Judge Colleen Kollar-Kotelly critical of detainee “confession”

With a Hat Tip to Neal Sonnett– Lyle Denniston over at SCOTUSblog brings to our attention a recently-declassified opinion by Judge Colleen Kollar-Kotelly in a detainee habeas case, Al Rabiah v. U.S. During the course of the opinion Judge Kollar-Kotelly makes it clear that the evidence supporting that the argument that Al Rabiah should be detained indefinitely was simply insufficient. …

Obama Administration Brief in Bagram detainee cases

The previous post noted the brief filed by the Obama Administration appealing the ruling of Judge John D. Bates in the Bagram detainee cases. With many thanks to SCOTUSblog, the brief can be found here. As Lyle Denniston of SCOTUSblog explains:
The Obama Administration argued strenuously on Monday that the Supreme Court’s 2008 decision providing a right for imprisoned terrorism suspects …

Justice Department challenges habeas rights for Bagram detainees

As is now quite well known, on April 2nd, Federal District Judge John D. Bates issued a landmark opinion on the scope of habeas corpus in Maqaleh v. Gates. Faced with the question of whether the right of habeas should be extended to four persons detained by the United States at Bagram Airfield in Afghanistan, Bates ruled that three out …

Habeas for Detainees Abroad?

From SCOTUSblog:
Voicing some concern over the government creating a “black hole” for detainees in a “law-free zone” at an overseas military base, a federal judge hinted on Wednesday that he may allow some of the prisoners the U.S. holds in Afghanistan to file court cases to test their captivity.
U.S. District Judge John D. Bates strongly implied that he thought some …

Two Detainees Found to be “Enemy Combatants”

From SCOTUSblog:
U.S. District Judge Richard J. Leon ruled on Tuesday that two Guantanam Bay detainees — nationals of Yemen and Tunisia — must remain prisoners of the U.S. military, finding that the government has proved that each is an “enemy combatant.”  In the most significant of the two separate rulings, the judge concluded that the government does not have to …


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Anthony Clark Arend is Professor of Government and Foreign Service at Georgetown University and the Director of the Master of Science in Foreign Service in the Walsh School of Foreign Service.

Commentary and analysis at the intersection of international law and politics.