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The Second Circuit's Ghailani Decision and a Departure from the Right to a Speedy Trial
JURIST Guest Columnist Susan Herman of the Brooklyn Law School says that the Second Circuit's Ghailani decision is both novel and disturbing because the court relied on the departure from one principle—detention for the purposes of interrogatio (More) |
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US transfers 2 Guantanamo detainees to Saudi Arabia
The US Department of Defense (DOD) announced Monday that two Guantanamo Bay detainees have been transferred to Saudi Arabia . Saad Muhammad Husayn Qahtani and Hamood Abdulla Hamood had been held since 2002, but neither had been charged with a crim (More) |
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Second Circuit releases developer of World Trade Center 7 from liability
The US Court of Appeals for the Second Circuit ruled Wednesday that developers of the 7 World Trade Center (7WTC) Building were not liable for the damages caused by the collapse of the 7WTC several hours after the twin towers were destroyed in the (More) |
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DOD transfers two Guantanamo detainees to Algeria
The US Department of Defense (DOD) on Thursday announced that it transferred two prisoners from Guantanamo Bay to the government of their native Algeria. Djamel Saiid Ali Ameziane and Bensayah Belkecem were transferred to Algerian custody despi (More) |
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DC Circuit affirms habeas denial for Guantanamo detainee
The US Court of Appeals for the District of Columbia Circuit on Tuesday affirmed the district court's denial of a writ of habeas corpus for Guantanamo detainee Abdul Razak Ali. Ali, who was captured in 2002 during an 18-day stay at a Pakistan gues (More) |
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Guantanamo detainees accuse Poland in CIA rendition torture
Lawyers for two Guantanamo detainees, arguing before the European Court of Human Rights on Tuesday, accused Poland of serving as a secret torture site for the Central Intelligence Agency's (CIA) extraordinary rendition program . The case involves (More) |
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US military judge to allow defense to photograph 9/11 terror suspects' scars
A US military judge has issued an order allowing for defense attorneys for Khalid Sheikh Mohammed [BBC backgrounder; JURIST news archive] to photograph the scars on the ankles and wrists of their client. The order, unsealed last week by US Army mil (More) |
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Guantanamo detainees plan to fight release to Algeria
The attorney for Belkacem Bensayah and Djamel Ameziane, two Algerian detainees being held in Guantanamo Bay said on Friday the two will oppose their release back to Algeria, which could take place as early as this week. The two claim they would lik (More) |
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Second Circuit's Decision Provides Unique Window Into Enemy Combatant Decisions
JURIST Guest Columnist Jeffrey Addicott of St. Mary's University School of Law says that the Second Circuit's opinion upholding the conviction of alien enemy combatant Ghailani offers a unique view into how a federal appeals court grapples with the l (More) |
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Former Guantanamo detainee Khadr to appeal detention ruling
Lawyers for former Guantanamo Bay inmate Omar Khadr [BBC profile; JURIST news archive] said Friday they are appealing a Canadian court ruling that denied his habeas corpus application and held that his placement in a federal penitentiary is lawful. (More) |
John Marshall declared federal judicial supremacy over states
On February 20, 1809, US Supreme Court Chief Justice John Marshall ruled in United States v. Peters that the legal power of the federal judiciary is greater than that of any individual state: "If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy rights acquired under those judgments, the constitution itself becomes a solemn mockery; and the nation is deprived of the means of enforcing its laws by the instrumentality of its own tribunals."
