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>


Al Maqaleh Revisited: Has Anything Changed?

Part III

Al Maqaleh Revisited: Has Anything Changed?

In Part II I explored the application of habeas outside the U.S. to foreigners in Boumediene and Al Maqaleh. The Al Maqaleh court ended up deciding habeas does not apply to the detainees in Bagram. But the circuit court’s decision in Al Maqaleh did not mark the end of the road for the Bagram detainees in court.

A new claim was made in the U.S. District Court for the District of Columbia on April 4, <Read More>


Boumediene and Al Maqaleh: The Application of Habeas to Foreigners Outside the U.S.

Part II

 Boumediene and Al Maqaleh: The Application of Habeas to Foreigners Outside the U.S.

With a right to habeas the foreign detainees in Afghanistan would have a chance to challenge their detention in court, and have a greater chance of avoiding indefinite detention. However habeas rights are not always guaranteed to foreigners held by the U.S. outside our borders.

The Supreme Court addressed the availability of habeas corpus (a constitutional right to challenge the legitimacy of one’s detention) outside the U.S. in <Read More>


What Will become of the Foreign Detainees Held in the Bagram Airbase in Afghanistan?

What Will become of the Foreign Detainees Held in the Bagram Airbase in Afghanistan?

Following the September 9,2012 detainee transfer into Afghan custody the United States continues to hold 50 non-Afghan detainees in the American-controlled facility in Bagram and that number may increase.[1] The 50 men are accused of being “Al-Qaeda militants” and are from “Pakistan, Arab countries and Central Asia.”[2] U.S. officials do not wish to comment on whether they were caught in Afghanistan or elsewhere.[3]

These men are not covered <Read More>