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.
Author(s)
Donald G. Rehkopf, Jr., Brenna & Brenna, PLLC, Rochester, NY.
