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Jonathan Hafetz
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Jonathan Hafetz is Associate Professor Law at Seton Hall University School of Law. Mr. Hafetz is the author, most recently, of Habeas Corpus after 9/11: Confronting America's New Global Detention System (NYU Press 2011). He is also the co-editor of Guantanamo Lawyers: Inside a Prison, Outside the Law (NYU Press 2010). Mr. Hafetz has litigated leading national security detention cases. He was counsel of record in Al-Marri v. Spagone, a landmark case challenging the indefinite military detention of a lawful resident alien arrested in the United States. Mr. Hafetz was also counsel in Jawad v. Obama, a habeas corpus challenge that secured the release of Afghan youth Mohammed Jawad from illegal detention at Guantánamo. He was co-counsel in Munaf v. Geren a case involving the detention of two U.S. citizens in Iraq decided by the Supreme Court in 2008. In addition, Mr. Hafetz has helped coordinate the Guantánamo detainee habeas corpus litigation since its earliest stages and has testified before Congress on habeas corpus and detainee rights. He also serves as frequent commentator on national security issues and his writings have appeared in numerous publications, including The Nation, The American Prospect, the Los Angeles Times, and The National Law Journal. Prior to joining Seton Hall Law School, Mr. Hafetz was a senior staff attorney at the American Civil Liberties Union. Before that, Mr. Hafetz served as Litigation Director for the Liberty and National Security Project of the Brennan Center for Justice at NYU School of Law.

Entries by Jonathan Hafetz

Rasul Turns Ten: Remembering the Value of Judicial Involvement at Guantanamo

(0) Comments | Posted July 31, 2014 | 9:18 AM

Just over ten years ago, the U.S. Supreme Court ruled in Rasul v. Bush that prisoners at Guantanamo Bay could seek review of their detention by habeas corpus. One of a trio of decisions handed down the same day, the Court also affirmed the right of American citizens...

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Reviewing Drones

(6) Comments | Posted March 8, 2013 | 3:51 PM

Should a federal judge review the government's decision to launch a lethal drone attack against a suspected terrorist? A recently released Justice Department white paper on the targeted killing of a U.S. citizen has prompted calls for judicial intervention. While the instinct is right, any review scheme must...

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Even Terrorists Deserve to Be Sentenced

(1) Comments | Posted May 3, 2012 | 4:23 PM

At Guantanamo Bay, Khalid Sheikh Mohammed and four co-conspirators will be arraigned Saturday before a military commission for their role in the 9/11 attacks. In Brooklyn, Adis Medunjanin awaits sentencing following this week's guilty verdict in his federal trial for plotting to blow up New York City subways. The two...

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Secrecy and the Bradley Manning Trial

(5) Comments | Posted April 25, 2012 | 11:35 AM

Court-martial proceedings are moving forward at Fort Meade, Maryland, in the case of Pfc. Bradley Manning, the suspected whistleblower accused of leaking classified government documents to Wikileaks. Although the Manning court-martial ranks among the most important national security prosecutions in recent memory, it is being litigated largely outside the public...

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The Big Lie About Guantánamo Lawyers

(3) Comments | Posted March 18, 2010 | 11:05 AM

The recent attacks on lawyers who have worked on behalf of Guantánamo detainees have employed the tactic of the "Big Lie"—that is, a lie so colossal that people will believe it because no one could possibly have the impudence to distort the truth so grossly.

The Big Lie here is...

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Guantánamo Beyond Guantánamo

(2) Comments | Posted December 22, 2009 | 1:20 PM

Co-written by Jonathan Hafetz and Mark Denbeaux.

President Obama's planned transfer of some Guantánamo Bay detainees to Thomson, Illinois, might bring the administration nearer to its goal of closing the infamous off-shore prison. But, from all indications, it will do little to end the unlawful detention system Guantánamo embodies.

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(17) Comments | Posted October 9, 2007 | 2:11 PM

Last week's New York Times story about two secret Justice Department legal opinions on CIA interrogation techniques leaves no room for doubt. We are in the midst of a full-fledged scandal involving illegality and deceit at the highest levels of the United States government. Call it Torturegate.


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The Cover-Up Continues

(8) Comments | Posted March 16, 2007 | 12:35 PM

The United States this week released the transcript of the military hearing for self-proclaimed 9/11 mastermind Khalid Shaikh Mohammed. Initial accounts in the New York Times and Washington Post described the "confession of a top leader" and detailed Mr. Mohammed's participation in a laundry list of terrorist...

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American Justice on the Line

(10) Comments | Posted December 19, 2006 | 8:49 AM

Last week, a district judge in Washington dismissed the case of Guantanamo Bay detainee Salim Hamdan. In June, Hamdan won a landmark Supreme Court decision striking down President's jerry-rigged system of military trials at Guantanamo. Now, thanks to a new law stampeded through Congress in October, Hamdan...

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