Guantanamo and US District Courts

Wake up, America! On July 15, the Court of Appeals for the Fourth Circuit ruled by 5 votes to 4 in the case of Al-Marri v. Pucciarelli (PDF) that the President can arrest US citizens and legal residents inside the United States and imprison them indefinitely, without charge or trial, based solely on his assertion [...]

You may well ask. A month ago, the Supreme Court ruled, in Boumediene v. Bush, that the Guantánamo prisoners have constitutional habeas corpus rights; in other words, the right to ask why, after six and a half years’ imprisonment without charge or trial, they are being held. The highest judges in the land ruled four [...]

Some of us have known for years that the US administration’s basis for holding prisoners without charge or trial in the “War on Terror” has more to do with a fantasy world in which nonsense masquerades as truth, logic is skewed, and nothing that is uttered remotely resembles evidence that would stand up in a [...]

In the history of legal challenges to the Bush administration’s assertion that it can hold “War on Terror” prisoners indefinitely without charge or trial, Parhat v. Gates has just joined a trio of Supreme Court verdicts — Rasul v. Bush (2004), Hamdan v. Rumsfeld (2006) and Boumediene v. Bush (twelve days ago) — as significant [...]

In a genuinely startling development in the US District Court for the District of Columbia, Judge Gladys Kessler has ruled that Mohammed Abdul Rahman, a Tunisian detainee at Guantánamo who was cleared for release after the first round of administrative reviews in 2006, “cannot be sent to Tunisia because he could suffer ‘irreparable harm’ that [...]