Tag: Habeas Corpus

June 25, 2012

Hope Dies at Guantánamo

The tragic case of Adnan Farhan Abdul Latif hit a dead end when the US Supreme Court issued an order refusing to hear his case last week. Latif, a Yemeni man, has been imprisoned at Guantanamo Bay since January 2002, after being detained while traveling to seek medical treatment. Latif had suffered serious head injuries… Read more »

November 24, 2008

Guantánamo Justice Delayed Seven Years

Since the Bush administration began transporting men and boys to Guantánamo Bay in January 2002, it has tried to prevent them from presenting their cases before a neutral federal judge. Indeed, the naval base was turned into a prison camp precisely to keep the detainees away from impartial courts. The government argued that federal courts… Read more »

June 20, 2008

Scalia Cites False Information in Habeas Corpus Dissent

To bolster his argument that the Guantánamo detainees should be denied the right to prove their innocence in federal courts, Justice Antonin Scalia wrote in his dissent in Boumediene v. Bush: “At least 30 of those prisoners hitherto released from Guantánamo have returned to the battlefield.” It turns out that statement is false. According to… Read more »

June 16, 2008

Supreme Court Checks and Balances in Boumediene

After the Supreme Court handed down its long-awaited opinion, upholding habeas corpus rights for the Guantánamo detainees, I was invited to appear on The O’Reilly Factor with guest host Laura Ingraham. Although she is a lawyer and former law clerk for Justice Clarence Thomas, Ingraham has no use for our judicial branch of government, noting… Read more »

December 4, 2007

Guantánamo Detainees’ Fate at Stake in Boumediene

The Supreme Court will hear arguments on Wednesday in Boumediene v. Bush. Most of the 34 detainees whose fate hangs in the balance in this case were brought to Guantánamo after being picked up by bounty hunters or tribesmen in Afghanistan and Pakistan. Yet the Bush administration has fought hard to keep them away from… Read more »

October 22, 2007

Michael Mukasey: Another Loyal Bushie

The Michael Mukasey Senate Judiciary Committee confirmation hearing has demonstrated that Mukasey cannot be relied upon to function independently as U.S. Attorney General. Nevertheless, Senators on the Senate Judiciary Committee seem so thrilled that Mukasey is not Alberto Gonzales that they’re willing to vote for him even though he’s another loyal Bushie. Patrick Leahy (D-Vt.),… Read more »

June 7, 2007

No Unlawful Enemy Combatants at Guantanamo

In 2002, Donald Rumsfeld famously called the detainees at Guantánamo “the worst of the worst.” General Richard B. Myers, former chairman of the Joint Chiefs of Staff, warned they were “very dangerous people who would gnaw hydraulic lines in the back of a C-17 to bring it down.” These claims were designed to justify locking… Read more »

April 3, 2007

Coming Up Short on Habeas for Detainees

The Bush administration has stopped the Supreme Court from giving the Guantánamo detainees their day in court – at least for now. In Boumediene v. Bush and Al Odah v. United States, 45 men challenged the constitutionality of the habeas corpus-stripping provision of the Military Commissions Act that Congress passed last year. On Monday Justices… Read more »

March 6, 2007

Conscientious Objector Faces Court-Martial

On March 6, the court-martial will begin in Germany for Army Specialist Augustín Aguayo, who faces up to seven years in prison for refusing to deploy to Iraq for a second tour of duty. His petition for habeas corpus was denied by a three-judge panel of the D.C. Circuit Court of Appeals on February 16…. Read more »

February 27, 2007

Why Boumediene Was Wrongly Decided

Last week, in Boumediene v. Bush, two judges on a three-judge panel of the D.C. Circuit Court of Appeals upheld the provision of the Military Commissions Act of 2006 that strips the rights of all Guantánamo detainees to have their habeas corpus petitions heard by U.S. federal courts. If that decision is left to stand,… Read more »