Wednesday, June 06, 2007

Cases Dismissed by Military Tribunals

Hamdan, the man in Guantanamo who took his case challenging his detention all the way to the Supreme Court, and another man, Khadr, had their charges dismissed based on lack of jurisdiction.

Basically, the law establishing the tribunals required a finding that the detainees were alien "unlawful enemy combatants," but these individuals had only been determined to be "enemy combatants," who can be either lawful or unlawful. Lots of technicalities that I do not really understand are at play here, so take a look at the more-educated discussions going on at Balkinization, National Security Advisors, and from Prof. Arend at Georgetown (go Hoyas!).


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