Military Commission Order No. 1
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Military Commission Order No. 1
''Hamdan v. Rumsfeld'', 548 U.S. 557 (2006), is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions ratified by the U.S. ''Hamdan'' raises several legal issues: Whether the United States Congress may pass legislation preventing the Supreme Court from hearing the case of an accused combatant before his military commission takes place; whether the special military commissions established by the executive branch violated federal law (including the UCMJ and treaty obligations); and whether courts can enforce the articles of the Geneva Conventions.''Hamdan v. Rumsfeld''
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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Federal Law (United States)
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the pres ...
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Yemen
Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and Oman to the Oman–Yemen border, northeast and shares maritime borders with Eritrea, Djibouti, and Somalia. Yemen is the second-largest Arabs, Arab sovereign state in the peninsula, occupying , with a coastline stretching about . Its constitutionally stated Capital city, capital, and largest city, is Sanaa. As of 2021, Yemen has an estimated population of some 30.4 million. In ancient times, Yemen was the home of the Sabaeans, a trading state that included parts of modern-day Ethiopia and Eritrea. Later in 275 AD, the Himyarite Kingdom was influenced by Judaism. Christianity arrived in the fourth century. Islam spread quickly in the seventh century and Yemenite troops were crucial in the early Islamic conquests. Several Dynasty, dynasties ...
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Salim Ahmed Hamdan
Salim Ahmed Hamdan () (born February 25, 1968) is a Yemeni man, captured during the invasion of Afghanistan, declared by the United States government to be an illegal enemy combatant and held as a detainee at Guantanamo Bay from 2002 to November 2008. He admits to being Osama bin Laden's personal driver and said he needed the money. He was originally charged by a military tribunal with "conspiracy and providing material support for terrorism," but the process of military tribunals was challenged in a case that went to the US Supreme Court. In ''Hamdan v. Rumsfeld'' (2006), the Court ruled that the military commissions as set up by the United States Department of Defense were flawed and unconstitutional. DOD continued to hold Hamdan as an enemy combatant at Guantanamo. After passage of the Military Commissions Act of 2006, Hamdan was tried on revised charges beginning July 21, 2008, the first of the detainees to be tried under the new system. He was found guilty of "providing ma ...
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The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid digital subscribers. It also is a producer of popular podcasts such as '' The Daily''. Founded in 1851 by Henry Jarvis Raymond and George Jones, it was initially published by Raymond, Jones & Company. The ''Times'' has won 132 Pulitzer Prizes, the most of any newspaper, and has long been regarded as a national " newspaper of record". For print it is ranked 18th in the world by circulation and 3rd in the U.S. The paper is owned by the New York Times Company, which is publicly traded. It has been governed by the Sulzberger family since 1896, through a dual-class share structure after its shares became publicly traded. A. G. Sulzberger, the paper's publisher and the company's chairman, is the fifth generation of the family to head the pa ...
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Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspapers and broadcasters. The AP has earned 56 Pulitzer Prizes, including 34 for photography, since the award was established in 1917. It is also known for publishing the widely used '' AP Stylebook''. By 2016, news collected by the AP was published and republished by more than 1,300 newspapers and broadcasters, English, Spanish, and Arabic. The AP operates 248 news bureaus in 99 countries. It also operates the AP Radio Network, which provides newscasts twice hourly for broadcast and satellite radio and television stations. Many newspapers and broadcasters outside the United States are AP subscribers, paying a fee to use AP material without being contributing members of the cooperative. As part of their cooperative agreement with the AP, most ...
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Slate (magazine)
''Slate'' is an online magazine that covers current affairs, politics, and culture in the United States. It was created in 1996 by former '' New Republic'' editor Michael Kinsley, initially under the ownership of Microsoft as part of MSN. In 2004, it was purchased by The Washington Post Company (later renamed the Graham Holdings Company), and since 2008 has been managed by The Slate Group, an online publishing entity created by Graham Holdings. ''Slate'' is based in New York City, with an additional office in Washington, D.C. ''Slate'', which is updated throughout the day, covers politics, arts and culture, sports, and news. According to its former editor-in-chief Julia Turner, the magazine is "not fundamentally a breaking news source", but rather aimed at helping readers to "analyze and understand and interpret the world" with witty and entertaining writing. As of mid-2015, it publishes about 1,500 stories per month. A French version, ''slate.fr'', was launched in February 20 ...
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Emily Bazelon
Emily Bazelon (born March 4, 1971) is an American journalist. She is a staff writer for ''The New York Times Magazine,'' a senior research fellow at Yale Law School, and co-host of the ''Slate'' podcast ''Political Gabfest''. She is a former senior editor of ''Slate''. Her work as a writer focuses on law, women, and family issues. She has written two national bestsellers published by Penguin Random House: ''Sticks and Stones: Defeating the Culture of Bullying and Rediscovering the Power of Character and Empathy'' (2013) and ''Charged: The New Movement to Transform American Prosecution and End Mass Incarceration'' (2019). ''Charged'' won the 2020 Los Angeles Times Book Prize in the Current Interest category, and the 2020 Silver Gavel Award from the American Bar Association. It was also the runner up for the J. Anthony Lukas Book Prize from Columbia University and the Nieman Foundation, and a finalist for the Helen Bernstein Book Award for Excellence in Journalism from the New Yor ...
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Guantanamo Bay Detainment Camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guantánamo Bay in Cuba. Of the roughly 780 people detained there since January 2002 when the military prison first opened after the September 11 attacks, 735 have been transferred elsewhere, 35 remain there, and 9 have died while in custody. The camp was established by U.S. President George W. Bush's administration in 2002 during the War on Terror following the September 11, 2001 attacks. Indefinite detention without trial led the operations of this camp to be considered a major breach of human rights by Amnesty International, and a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution by the Center for Constitutional Rights.
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McCain Detainee Amendment
The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was signed into law by President George W. Bush on 30 December 2005. Offered as an amendment to a supplemental defense spending bill, it contains provisions relating to treatment of persons in custody of the Department of Defense, and administration of detainees held in Guantanamo Bay, Cuba, including: *Prohibiting " cruel, inhuman, or degrading treatment or punishment" of any prisoner of the U.S. government, including prisoners at Guantanamo Bay. *Requiring military interrogations to be performed according to the U.S. Army Field Manual for Human Intelligence Collector Operations. *Directing the Department of Defense to establish Combatant Status Review Tribunals (CSRTs) for persons held in Guantanamo Bay. *Giving the Washington, D.C. Circuit Court of Appeals authority to review decisions of CSRTs. *Requiring that ''habeas corpus'' appeals for aliens detained at Guantanamo be per the DTA, th ...
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Lindsey Graham
Lindsey Olin Graham (born July 9, 1955) is an American lawyer and politician serving as the senior United States senator from South Carolina, a seat he has held since 2003. A member of the Republican Party, Graham chaired the Senate Committee on the Judiciary from 2019 to 2021. A native of Central, South Carolina, Graham received his Juris Doctor degree from the University of South Carolina School of Law in 1981. Most of his active duty during his military service happened from 1982 to 1988, when he served with the Judge Advocate General's Corps in the United States Air Force, as a defense attorney and then with the Air Force's chief prosecutor in Europe, based in West Germany. Later his entire service in the U.S. Air Force Reserve ran concurrently with his congressional career. He was awarded a Bronze Star Medal for meritorious service in 2014 and held the rank of colonel. Graham worked as a lawyer in private practice before serving one term in the South Carolina House of Re ...
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Jon Kyl
Jon Llewellyn Kyl ( ; born April 25, 1942) is an American politician and lobbyist who served as a United States Senator for Arizona from 1995 to 2013 and again in 2018. A Republican, he held both of Arizona's Senate seats at different times, serving alongside John McCain during his first stint. Kyl was Senate Minority Whip from 2007 until 2013. He first joined the lobbying firm Covington & Burling after retiring in 2013, then rejoined in 2019. The son of U.S. Representative John Henry Kyl and Arlene (née Griffith) Kyl, Kyl was born and raised in Nebraska and lived for some time in Iowa. He received his bachelor's degree and law degree from the University of Arizona. He worked in Phoenix, Arizona as an attorney and lobbyist before winning election to the United States House of Representatives, where he served from 1987 to 1995. He was elected to the U.S. Senate in 1994 and continued to be re-elected by comfortable margins until his retirement in January 2013. In 2006, he was re ...
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