The Resource Enemy combatant detainees : habeas corpus challenges in federal court, Jennifer K. Elsea and Kenneth Thomas

Enemy combatant detainees : habeas corpus challenges in federal court, Jennifer K. Elsea and Kenneth Thomas

Label
Enemy combatant detainees : habeas corpus challenges in federal court
Title
Enemy combatant detainees
Title remainder
habeas corpus challenges in federal court
Statement of responsibility
Jennifer K. Elsea and Kenneth Thomas
Creator
Contributor
Subject
Genre
Language
eng
Summary
After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. ss 2241 to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called "Combatant Status Review Tribunals" (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. Lawyers subsequently filed dozens of petitions on behalf of detainees in the District Court for the District of Columbia, where judges have reached inconsistent conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention. In January 2006, Congress stepped into the fray, passing the Detainee Treatment Act of 2005 (DTA) to require uniform standards for interrogation of persons in the custody of the Department of Defense, and expressly ban cruel, inhumane, or degrading treatment of detainees in the custody of any U.S. agency anywhere overseas. The DTA also divested the courts of jurisdiction to hear some detainees' challenges by eliminating the federal courts' statutory jurisdiction over habeas claims by aliens detained at Guantanamo Bay as well as other causes of action based on their treatment or living conditions. The DTA provides instead for limited appeals of CSRT determinations or final decisions of military commissions. In Hamdan v. Rumsfeld, the Supreme Court rejected the view that the DTA left it without jurisdiction to review a habeas challenge to the validity of military commissions established by President Bush to try suspected terrorists. In holding the military commissions invalid, the Court did not revisit its 2004 opinion in Hamdi v. Rumsfeld upholding the President's authority to detain individuals in connection with antiterrorism operations, and did not resolve whether the petitioner could claim prisoner-of-war (POW) status, but held that "in undertaking to try Hamdan and subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in this jurisdiction." The Court's decision has led to efforts in Congress to enact legislation authorizing the President to convene military commissions. The proposed legislation (H.R. 6054, H.R. 6166, S. 3901, S. 3861, and S. 3886) would also amend the DTA to further reduce the access of aliens in U.S. custody overseas to federal court, to the extent that such jurisdiction existed, by eliminating pending and future causes of action other than the limited review of military proceedings permitted under the DTA. Implementation of the DTA, in its present form or as proposed to be amended, to preclude the detainees' access to court may raise constitutional issues with respect to the Suspension Clause (U.S. Const. Art. 1, ss 9, cl. 2), whether it amounts to an impermissible "court-stripping" measure to deprive the Supreme Court of jurisdiction over matters of law entrusted to it by the Constitution, and whether such constitutionally sensitive issues can be avoided in light of the alternative procedures provided
Member of
Cataloging source
SNM
http://bibfra.me/vocab/lite/collectionName
HeinOnline U.S. Congressional Documents Library
http://library.link/vocab/creatorName
Elsea, Jennifer
Government publication
federal national government publication
Index
no index present
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
  • Thomas, Kenneth R
  • Library of Congress
Series statement
CRS report for Congress
Series volume
RL33180
http://library.link/vocab/subjectName
  • Combatants and noncombatants (International law)
  • Combatants and noncombatants (International law)
  • Detention of persons
  • Prisoners of war
  • Prisoners of war
  • Guantánamo Bay Naval Base (Cuba)
  • War on Terrorism, 2001-2009
  • Combatants and noncombatants (International law)
  • Detention of persons
  • Prisoners of war
  • Cuba
Label
Enemy combatant detainees : habeas corpus challenges in federal court, Jennifer K. Elsea and Kenneth Thomas
Instantiates
Publication
Note
  • "Updated September 26, 2006."
  • Title from title screen (viewed October 5, 2006)
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
71850394
Extent
1 online resource (30 pages)
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
System control number
(OCoLC)71850394
System details
  • Mode of access: World Wide Web
  • System requirements: Adobe Acrobat Reader
Label
Enemy combatant detainees : habeas corpus challenges in federal court, Jennifer K. Elsea and Kenneth Thomas
Publication
Note
  • "Updated September 26, 2006."
  • Title from title screen (viewed October 5, 2006)
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
71850394
Extent
1 online resource (30 pages)
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
System control number
(OCoLC)71850394
System details
  • Mode of access: World Wide Web
  • System requirements: Adobe Acrobat Reader

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