From Ludecke to Boumediene: A Path to Habeas for Bagram Detainees?

“Whether and when it would be open to this Court to find that a war though merely formally kept alive had in fact ended, is a question too fraught with gravity even to be adequately formulated when not compelled.” Justice Frankfurter, Ludecke v. Watkins, 335 U.S. 160, 169 (1948).

In light of the Global War on Terror, the fate of the 66[1] foreign nationals detained in U.S. custody at Bagram is a veritable dark cloud hanging over American foreign policy.  Their <Read More>

An Imbalance of Power Between Governmental Branches?

On January 3, 2013 President Obama signed the National Defense Authorization Act (NDAA) for the 2013 year.[1]  The NDAA “determines which agencies are responsible for defense, provides funds to those agencies and contains instructions on how to utilize those funds.”[2]  Included in the NDAA is section 1025 which deals with the transfer of non-Afghan prisoners in the Parwan detention facility in Afghanistan.[3]  The section will require the Secretary of Defense to give written notice to certain congressional committees 10 days <Read More>

A Possible U.S. and Taliban Peace?

Part IV

A Possible U.S. and Taliban Peace?

With the district court granting the government’s motion to dismiss in Al Maqaleh, habeas continues to be unavailable to the detainees. But besides litigation there are other political factors that may alter U.S. detention policy and help determine what will happen to these men.

One such factor is whether the U.S is able to improve its relationship with the Taliban. Some Taliban figures have indicated interest in a continued U.S. presence in Afghanistan, which may <Read More>