Hamdan v. Rumsfeld (Hamdan II)

NACDL amicus curiae brief before the Supreme Court of the United States.

Brief filed: 01/06/2006

Documents

Hamdan v. Rumsfeld (Hamdan II)

United States Supreme Court; Case No. 05-184

Argument(s)

NACDL amicus curiae brief before the Supreme Court of the United States arguing that (1) military commissions were first created during the Mexican-American War in areas of Mexico where there were no functioning civilian courts; (2) the President has no “inherent” presidential authority to create or convene the current military commissions, before which petitioner Salim Ahmed Hamdan is a defendant; and (3) per the Manual for Courts Martial (1917), “United States Courts may, on writ of habeas corpus, inquire into the legality of detention of a person held by military authority, at any time, either before or during trial or while serving sentence….” Excellent history of military authority over civilians in time of war and peace.

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Author(s)

Donald G. Rehkopf, Jr., Brenna & Brenna, PLLC, Rochester, NY.

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