JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Monday, August 04, 2008

Guantanamo habeas petition procedures bill introduced in Senate
Deirdre Jurand at 9:13 AM ET

[JURIST] US Senators Joe Lieberman (ID-CT) and Lindsey Graham (R-SC) [official websites] have introduced a bill [S. 3401 summary, PDF; press release] designed to establish a procedure for all habeas corpus petitions made by Guantanamo detainees. The Enemy Combatant Detention Review Act of 2008 responds to recently raised concerns by US Attorney General Michael Mukasey [official website; JURIST news archive], who recently stressed [statement; JURIST report] that in his view it is inappropriate for the judicial branch to outline the process for trying terrorism suspects and that Congress and the Executive branch are best suited to form such policies.

The bill states that:

An application for habeas corpus filed under paragraph (1) by or on behalf of a covered individual— (A) may challenge the legality of the continued detention of the covered individual; and (B) may not include any other claim relating to the detention, transfer, treatment, trial, or conditions of confinement of the covered individual or any other action against the United States or its agents.
Under the bill, the government would have the burden of proving that the detainee is a valid enemy combatant [JURIST news archive], the government could withhold classified information essential to national security in certain circumstances even though the detainee would have some discovery rights, and detainees could not be released into the US. In a statement issued Friday, Graham specifically said that the bill affords a solution to the habeas "problem" created by the recent US Supreme Court decision in Boumediene v. Bush that "allows detainees due process without compromising national security."





Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Kyrgyzstan parliament approves amendments on spreading false information
12:23 PM ET, April 17

 Judge upholds New York state gun law
11:34 AM ET, April 17

 Couple files lawsuit urging Wisconsin Supreme Court to strike down state's same-sex marriage ban
11:22 AM ET, April 17

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Unprecedented Notice of Warrantless Wiretapping in a Closed Case
DOMESTIC
Ramzi Kassem
CUNY School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org