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Rasul V Bush
''Rasul v. Bush'', 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of ''habeas corpus'' to review the legality of their detention. The Court's 6–3 judgment on June 28, 2004, reversed a D.C. Circuit decision which had held that the judiciary has no jurisdiction to hear any petitions from foreign nationals held in Guantanamo Bay. The lead petitioner, British citizen Shafiq Rasul, was one of the Tipton Three. The U.S. transported the three men to the United Kingdom in March 2004 before the decision was handed down, and the government released them the next day. Background Military order On September 14, 2001, Congress passed the Authorization for Use of Military Force Against Terrorists, giving the President of the United States broad powers to prosecute a Global War on Terror in response to the September 11 attacks. S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The District Of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate courts, and covers only one district court: the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse, near Judiciary Square, Washington, D.C. The D.C. Circuit's prominence and prestige among American federal courts is second only to the U.S. Supreme Court because its geographic jurisdiction contains the U.S. Capitol and the headquarters of many of the U.S. federal government's executive departments and government agencies, and therefore it is the main federal appellate court for many issues of American administrative law and constitutional law. Four of the current nine justices on the Supreme Court were previously judges on the D.C. Circuit including Chief Justice John Roberts, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Howard Taft IV
William Howard Taft IV (born September 13, 1945) is an attorney who has served in the United States government under several Republican administrations. He is the son of William Howard Taft III and the great-grandson of President William Howard Taft. Early life and education Taft was born in Washington, D.C., the second child of William Howard Taft III and Barbara Bradfield, and a great-grandson of U.S. President William Howard Taft. Taft attended St. Paul's School, graduating in 1962. He earned his bachelor of arts degree in English from Yale University in 1966 and his law degree from Harvard Law School in 1969. Personal life He and his late wife, Julia Vadala Taft, had three children—Maria Consetta Taft, Julia Harris Taft, and William Howard Taft V. Career After researching the FTC as one of " Nader's Raiders", Taft served briefly as attorney adviser to the chairman of the Federal Trade Commission in 1970. From 1970 to 1973, he was the principal assistant to Caspar W. Wei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enemy Combatants
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection "state" may be replaced by the more general term "party to the conflict" (as described in the 1949 Geneva Conventions Article 3). After the September 11 attacks, the term "enemy combatant" was used by the George W. Bush administration to include an alleged member of al-Qaeda or the Taliban being held in detention by the U.S. government. In this sense, "enemy combatant" actually refers to persons the United States regards as unlawful combatants, a category of persons who do not qualify for prisoner-of-war status under the Geneva Conventions. However, unlike unlawful combatants who qualify for some protections under the Fourth Geneva Convention, enemy combatants, under the Bush administration, were not c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torture Memos
A set of legal memoranda known as the "Torture Memos" (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the United States and signed in August 2002 by Assistant Attorney General Jay S. Bybee, head of the Office of Legal Counsel of the United States Department of Justice. They advised the Central Intelligence Agency, the United States Department of Defense, and the President on the use of enhanced interrogation techniques: mental and physical torment and coercion such as prolonged sleep deprivation, binding in stress positions, and waterboarding, and stated that such acts, widely regarded as torture, might be legally permissible under an expansive interpretation of presidential authority during the "War on Terror". Following accounts of the Abu Ghraib torture and prisoner abuse scandal in Iraq, one of the memos was leaked to the press in June 2004 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Yoo
John Choon Yoo (; born July 10, 1967) is a Korean-born American legal scholar and former government official who serves as the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Yoo became known for his legal opinions concerning executive power, warrantless wiretapping, and the Geneva Conventions while serving in the George W. Bush administration, during which he was the author of the controversial "Torture Memos" in the War on Terror. Yoo wrote the Torture Memos to determine the legal limits for the torture of detainees following the September 11, 2001, attacks, as a deputy assistant attorney general in the Office of Legal Counsel (OLC) of the Department of Justice. The legal guidance on interrogation authored by Yoo and his successors in the OLC were rescinded by President Barack Obama in 2009. Some individuals and groups called for the investigation and prosecution of Yoo under various anti-torture and anti-war crimes statutes. A report by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unitary Executive Theory
The unitary executive theory is a theory of United States Constitution, United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is rooted in Article Two of the United States Constitution, which vests "the executive power" of the United States in the President. Although that general principle is widely accepted, there is disagreement about the strength and scope of the doctrine. It can be said that some favor a "strongly unitary" executive, while others favor a "weakly unitary" executive. The former group argue, for example, that United States Congress, Congress's power to interfere with intra-executive decision-making (such as firing executive branch officials) is limited, and that the President can control policy-making by all executive agencies within the limits set for those agencies by Congress. Still others agree that the Constitution requires a unitary executive, b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jay Bybee
Jay Scott Bybee (born October 27, 1953) is an American lawyer and jurist serving as a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. He has published numerous articles in law journals and has taught as a senior fellow in constitutional law at William S. Boyd School of Law. His primary research interests are in constitutional and administrative law. While serving in the Bush administration as the assistant attorney general for the Office of Legal Counsel, he signed the controversial "Torture Memos" in August 2002. These authorized " enhanced interrogation techniques" that were used in the systematic torture of detainees at Guantanamo Bay detention camp beginning in 2002 and at the Abu Ghraib facility following the United States' invasion of Iraq in 2003. These actions have been considered war crimes by other former members of the Bush Administration. Early life and education Born in Oakland, California, Bybee was raised in Clar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Office Of Legal Counsel
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney General and provides its own written opinions and other advice in response to requests from the Counsel to the President, the various agencies of the Executive Branch, and other components of the Department of Justice. The Office reviews and comments on the constitutionality of pending legislation. The office reviews any executive orders and substantive proclamations for legality if the President proposes them. All proposed orders of the Attorney General and regulations that require the Attorney General’s approval are reviewed. It also performs a variety of special assignments referred by the Attorney General or the Deputy Attorney General. History The Office of Legal Counsel was created in 1934 by an act of US Congress, as part of a la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Military Tribunals In The United States
Military tribunals in the United States are military courts designed to judicially try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors. Military tribunals are distinct from courts-martial. A military tribunal is an inquisitorial system based on charges brought by military authorities, prosecuted by a military authority, judged by military officers, and sentenced by military officers against a member of an enemy army. The United States has made use of military tribunals or commissions, rather than rely on a court-martial, within the military justice system, during times of declared war or rebellion. Most recently, as discussed below, the administration of George W. Bush sought to use military tribunals to try "unlawful enemy combatants", mostly individuals captured abroad and held at a prison camp at a military base at Guantánamo Bay, Cuba. Juri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge Advocate General Of The United States Army
The Judge Advocate General of the United States Army (TJAG) is the senior officer of the Judge Advocate General's Corps of the United States Army. Under Title 10 of the United States Code, the TJAG is appointed by the President of the United States with the advice and consent of the Senate. Suitable candidates are recommended by the Secretary of the Army. By statute, TJAG serves a four-year term of officer . Creation The position of Judge Advocate General was the brainchild and creation of General George Washington. In a letter to the Continental Congress he wrote, "I would humbly propose that some provision should be made for a judge advocate, and provost-marshal. The necessity of the first appointment was so great that I was obliged to nominate a Mr. Tudor, who was well recommended to me, and now executes the office under an expectation of receiving captain's pay—an allowance (in my opinion) scarcely adequate to the service, in new raised troops, where there are every day." ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nuremberg Trials
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting 27 million deaths in the Soviet Union alone. Proposals for how to punish the defeated Nazi leaders ranged from a show trial (the Soviet Union) to summary executions (the United Kingdom). In mid-1945, France, the Soviet Union, the United Kingdom, and the United States agreed to convene a joint tribunal in Nuremberg, with the Nuremberg Charter as its legal instrument. Between 20 November 1945 and 1 October 1946, the International Military Tribunal (IMT) tried 21 of the most important surviving leaders of Nazi Germany in the political, military, and economic spheres, as well as six German organizations. The purpose of the trial was not just to convict the defendants but also to as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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