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Habeas Corpus

A Brief Introduction to Common Legal Writs

Brad Reid | Posted 01.03.2017 | Business
Brad Reid

The "writ" dates from Anglo-Saxon commands issued by the monarch. Today, a writ is a court order commanding an action or an order to refrain from acti...

Book Review: The Habeas Citebook: Ineffective Assistance of Counsel

Christopher Zoukis | Posted 10.05.2016 | Crime
Christopher Zoukis

The much anticipated second edition of The Habeas Citebook: Ineffective Assistance of Counsel, by Brandon Sample and Alissa Hull, is the fifth book to...

The Great Writ: How Medieval Law Explains the Horror of Guantanamo Bay

Jacob Schuman | Posted 05.11.2016 | Politics
Jacob Schuman

Mohamedou Ould Slahi and over 100 other men remain at Guantanamo, held indefinitely without effective legal recourse. So long as it remains open, the detention camp poses a threat to liberty around the world, as there is nothing to stop a President from seizing and imprisoning there anyone for any reason at all.

Arin Greenwood

Wait, Did A Court Just Recognize Chimpanzees As 'Legal Persons'? | Arin Greenwood | Posted 04.21.2015 | Green

Lawyers suing for the freedom of two chimpanzees used in biomedical research are celebrating a court order issued on Monday. But some legal profession...

Closing Guantánamo: A Primer for the President

Nancy Talanian | Posted 05.31.2015 | Politics
Nancy Talanian

If the president is serious about wanting to close the prison, and I hope he is, here are some helpful suggestions.

Not Another Broken Promise on Guantánamo

Nancy Talanian | Posted 07.23.2014 | Politics
Nancy Talanian

In the year since this latest promise, only 12 men have been released. Some 154 prisoners remain, half of whom were unanimously cleared years ago by high-level government officials.

Obama Is Right: Close Guantanamo -- It's Anti-American

Michael Shammas | Posted 04.05.2014 | Politics
Michael Shammas

While some Republicans are wont to decry anti-Guantanamo liberals as "anti-American," the only anti-American thing in this debate is Guantanamo itself. For it goes against everything our nation professes to respect and love.

The News Is What the New Gitmo Hearings Don't Tell Us

Daphne Eviatar | Posted 03.30.2014 | Politics
Daphne Eviatar

The current review process is an improvement over the old one, in that the detainee is now assigned two "personal representatives" to help him. But as in Afghanistan, neither is a lawyer or trained advocate. And neither has a budget to do any real investigation of the case.

Obama's Second Term Feels Like Bush's Fourth

Michael Shammas | Posted 10.09.2013 | College
Michael Shammas

Obama's slogans -- "change we can believe in" and so on -- sound like empty promises. His lofty rhetoric and certainly his Nobel Peace Prize are insults to educated people everywhere.

The Duty of Lawyers

Ralph Nader | Posted 08.28.2013 | Politics
Ralph Nader

The million-plus practicing lawyers and their many bar organizations should be on the ramparts defending against the insidious rejection of due process, probable cause, habeas corpus and privacy.

Historic Decision Recognizing Right to Counsel for Group of Immigration Detainees

Esha Bhandari | Posted 06.24.2013 | Politics
Esha Bhandari

The ruling will begin to correct an unjust system by providing essential protections for an extraordinarily vulnerable group -- immigrants with serious mental disabilities whom the government imprisons while their cases remain pending.

Does the Prosecution Win If Justice Loses?

Judge H. Lee Sarokin | Posted 05.14.2013 | Crime
Judge H. Lee Sarokin

The question often arises as to the role of the prosecution when substantial errors have occurred which challenge the very fairness of the convictions and suggest that a defendant may be innocent.

The Rule of Law or the Rule of Men?

Ralph Nader | Posted 04.07.2013 | Politics
Ralph Nader

Last week, the State Department reassigned the official responsible for the "diplomatic issues" pertaining to the closing of Guantanamo Bay. This was a telling sign that the administration is abandoning its long-held but little-fought-for promise of closing that notorious facility.

Military Commission Won't Say Whether US Constitution Applies to 9/11 Case (Updated)

Daphne Eviatar | Posted 03.17.2013 | World
Daphne Eviatar

In an opinion not yet publicly released by the Office of Military Commissions, the judge presiding over the trial of the five co-defendants accused of masterminding the September 11, 2001 terrorist attacks has said he won't decide whether the U.S. Constitution applies to the case.

Does the US Constitution Apply to the 9/11 Trial? Maybe

Daphne Eviatar | Posted 12.18.2012 | World
Daphne Eviatar

Today, lawyers for the five alleged co-conspirators in the September 11th terrorist attacks asked the judge to please let them know: Are we operating under a Constitutional framework here or not? Exactly what Constitutional rights do our clients have?

Mike Sacks

Supreme Court Brushes Off New Gitmo Cases | Mike Sacks | Posted 06.11.2012 | Politics

WASHINGTON -- The Supreme Court on Monday denied review in the cases of several Guantanamo Bay detainees, likely closing off for good the prospect of ...

Will SCOTUS Abandon Gitmo?

Daphne Eviatar | Posted 07.23.2012 | Politics
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 07.17.2012 | Politics
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 07.07.2012 | Politics
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 | Politics
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 | Politics
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 | Media
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 | Politics
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 | Michael McAuliff | Posted 11.30.2011 | Politics

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 | Education
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...