habeas corpus

“What the government is suggesting is an end run around the right to habeas," said U.S. District Judge Tanya Chutkan.
An injunction prohibits or requires an action. It is often associated with the terminology "restraining order" that may be
Former federal prisoner-turned-lawyer Brandon Sample and Prisoner Legal Services of New York staff attorney Alissa Hull have
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.
The NRP argues that it is appropriate to grant legal personhood -- and therefore the right to be free from captivity -- to
If the president is serious about wanting to close the prison, and I hope he is, here are some helpful suggestions.
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.
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 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 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 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.
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.
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.
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.
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.
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?
In one decision from April 2011, Judge Laurence Silberman, a prominent conservative on the D.C. Circuit, blasted the justices
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."
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.