Hamdan v. Rumsfeld (Hamdan I)

NACDL amicus curiae brief in support of petitioner-appellee Salim Ahmed Hamdan. Military commissions created by Respondents are incompatible with the express or implied will of Congress. Constitutionally, there is no “inherent” Presidential authority to create these military commissions and challenge to their jurisdiction via habeas corpus has long been recognized in our military law.

Brief filed: 12/25/2004

Documents

Hamdan v. Rumsfeld (Hamdan I)

District of Columbia Circuit Court of Appeals; Case No. 04-5393

Argument(s)