Habeas Corpus

Will SCOTUS Abandon Gitmo?

Daphne Eviatar | Posted 05.23.2012

Daphne Eviatar

The Supreme Court is expected to decide as soon as Thursday whether it will hear the Latif v. Obama and possibly restore a right to meaningful judicial review for detainees imprisoned in the name of the "war on terror."

How to Prevent Indefinite Military Detention in the United States. Really.

Daphne Eviatar | Posted 05.17.2012

Daphne Eviatar

The National Defense Authorization Act rightly outraged many on both the left and the right last year, and legislators from all over the political map are now responding. But while one of those responses is real -- i.e., it would actually fix the problem -- one is not, and by pretending to fix it would only make things worse.

Obama: Osama bin Laden's Victims Deserved an Answer

Peshwas Farik Saadon | Posted 05.07.2012

Peshwas Farik Saadon

Today as I had my last drink from the bottle of Johnnie Walker Blue Label, which I bought to celebrate bin Laden's death, I come to realize how the momentary sense of relief on the day of his death led me to forget all about principles of justice and righteousness.

Guantanamo: "Whatever the Government Says..."

Geoffrey R. Stone | Posted 05.13.2012

Geoffrey R. Stone

It is easy to understand the desire to be risk averse about releasing a possibly dangerous individual from Guantanamo. But we must also consider the consequences of imprisoning indefinitely an innocent person.

Another Visit to Guantánamo Bay -- But What Can I Tell My Clients?

Cori Crider | Posted 04.10.2012

Cori Crider

I have just arrived in Guantánamo Bay, on my first attorney-client visit for a year. What on earth can I tell these men?

The Bubble Genius Bob & Chez Show 12/16/11

Bob Cesca | Posted 02.15.2012

Bob Cesca

This week we discuss indefinite detention; habeas corpus; the National Defense Authorization Act; The Exorcist III; debtors' prison; exploiting post-recession pain, and other topics.

We Call Them Terrorists

Paul Grenier | Posted 02.13.2012

Paul Grenier

Americans just don't know their history, and that's why the National Defense Authorization bill currently rushing through Congress is causing a lot of unnecessary ruckus.

Michael McAuliff

Senate Votes To Let Military Detain Americans Indefinitely, White House Threatens Veto

HuffingtonPost.com | Michael McAuliff | Posted 11.30.2011

WASHINGTON -- The Senate voted Tuesday to keep a controversial provision to let the military detain terrorism suspects on U.S. soil and hold them inde...

Constitution Day: Is the Constitution on Life Support?

John W. Whitehead | Posted 11.12.2011

John W. Whitehead

For all intents and purposes, the Constitution is on life support and has been for some time now. Those responsible for its demise are none other tha...

Why the Supreme Court Won't Review Guantanamo Cases

Maryam Khan Ansari | Posted 07.24.2011

Maryam Khan Ansari

The Supreme Court is sending the message to the Guantanamo Bay detainees loud and clear: It's not that easy to get out of here.

A Chat With Robert Redford at the Premiere of The Conspirator in Washington, D.C.

Liz Glover | Posted 06.14.2011

Liz Glover

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Is the Supreme Court Going "Soft on Crime"?

Judge H. Lee Sarokin | Posted 05.25.2011

Judge H. Lee Sarokin

The Supreme Court has ruled in the case of Hank Skinner that he has the right to pursue DNA testing under federal civil rights laws. This case was a no-brainer to begin with, why did it go all the way to the Supreme Court?

A Glimpse Into the Sick, Twisted, and Anti-American Conservative Mind

Michael J.W. Stickings | Posted 05.25.2011

Michael J.W. Stickings

As you may have heard, former McCain advisor and current Palin adviser Michael Goldfarb tweeted on Wednesday that convicted terrorist Ahmed Khalfan Gh...

Then They Came for Me

Robert Koehler | Posted 05.25.2011

Robert Koehler

A fear- and vengeance-driven post-9/11 mentality could yet become the done deal it is in Liz Cheney's mind.

Written in Stone? Yes. A Living Document? Ditto. Two Experts Explain the Constitution.

Jesse Kornbluth | Posted 05.25.2011

Jesse Kornbluth

The important contribution of The Genius of America, a 220-page primer on the Constitution, is to remind us that democracy is fragile -- and that we should not despair at the debate we are having.

A Technical Death

Andrea Lyon | Posted 05.25.2011

Andrea Lyon

As a defense lawyer I hear all the time about "technicalities" that let the guilty walk free. Well, not so I'd notice. Its technical rules that often allow the state to hold onto a conviction that is improper.

Fox Host: Bush & Cheney 'Absolutely Should Have Been Indicted'

Posted 05.25.2011

Fox News contributor and host of Fox Business' new libertarian show Judge Andrew Napolitano said over the weekend that President Bush and Vice Preside...

Bagram Renditions Risk Serious Consequences

Jonathan Horowitz | Posted 05.25.2011

Jonathan Horowitz

A new U.S. plan for capturing individuals outside Afghanistan and transferring them to Bagram as a way to avoid the requirements of the U.S. constitution raises legitimate and sincere legal concerns.

Gulags American-Style: Where People Disappear

John W. Whitehead | Posted 05.25.2011

John W. Whitehead

"The very word 'secrecy' is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to s...

Judge Rules Yemeni's Detention at Guantanamo Based Solely on Torture

Andy Worthington | Posted 05.25.2011

Andy Worthington

In granting Uthman Abdul Rahim Mohammed Uthman's habeas petition, Judge Kennedy called into question some of the government's evidence that the Yemeni man was detained legally.

Guantánamo Uighurs Are Not Alone: US Communities Welcome Other Detainees in Need of Safe Haven

Nancy Talanian | Posted 05.25.2011

Nancy Talanian

On April 22, attorneys for five Chinese Uighurs who remain at Guantánamo Bay prison will argue for their clients' entry into the US at a hearing sche...

Court Order Highlights U.S. Legal Distortions

Daphne Eviatar | Posted 05.25.2011

Daphne Eviatar

A judge found that a young man from Yemen, seized at the age of 17, has been imprisoned in the United States detention center in Cuba for the past eight years without cause. Sadly, such opinions are now common.

When America Was Attacked

Robert J. Elisberg | Posted 05.25.2011

Robert J. Elisberg

The Confederacy was a well-armed rogue organization. And this is what Virginia wants to commemorate with a Confederate History Month.

A Gitmo Detainee Beats President Obama ... Again

Morris Davis | Posted 05.25.2011

Morris Davis

When a Judge writes an opinion and uses phrases like "distort the evidence" and "ignores the facts" and then calls the logic of one party's argument a...

Habeas Works

Ginny Sloan | Posted 05.25.2011

Ginny Sloan

Two years ago, the U. S. Supreme Court handed down its decision in the landmark case Boumediene v. Bush. The Court ruled that the constitutionally gua...