Boumediene v. Bush
''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by ...
'' (2008), which is the lead name of the decision.
The case was a continuation of the landmark
Center for Constitutional Rights
The Center for Constitutional RightsThe Center for Constitutional Rights (CCR) is a Rasul v. Bush'' (2004). That decision determined that Guantanamo detainees had to be provided an opportunity before an impartial tribunal to challenge the grounds of their detention. Since that decision, Congress passed the Military Commissions Act of 2006, which restricted detainees from filing habeas corpus petitions in federal court.
''Al Odah'' is an umbrella effort, incorporating sixteen habeas corpus petitions. It was consolidated under ''
Boumediene v. Bush
''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by ...
'', which shared habeas issues. Oral arguments were heard by the Supreme Court on December 5, 2007, and was one of the most anticipated cases before the Court in its term.The Supreme Court Showdown of the Year ''
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 d ...
'', October 23, 2007
The decision, striking down that provision of the
Military Commissions Act of 2006
The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of ...
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, t ...
. A government motion to dismiss the petition was granted on July 30, 2002, by Judge
Colleen Kollar-Kotelly
Colleen Constance Kollar-Kotelly (born April 17, 1943) is an American lawyer serving as a Senior United States district judge of the United States District Court for the District of Columbia and was previously presiding judge of the Foreign Inte ...
of the US District Court for D.C. The Center for Constitutional Rights appealed the case, which had been consolidated with the other two leading habeas corpus petitions, '' Rasul v. Bush'' and ''Habib v. Bush''. On March 11, 2003, the D.C. Circuit Court of Appeals dismissed the case.
On November 10, 2003, the Supreme Court granted '' certiorari'' to the three leading habeas petitions, consolidated under the name ''Rasul v. Bush''. On June 28, 2004, the Supreme Court issued a landmark decision on the subject of Guantanamo detainees. In ''Rasul v. Bush'', the Court determined that with respect to Guantanamo, the right to habeas corpus does not depend on citizenship. This decision affirmed the jurisdiction of the U.S. court system over Guantanamo cases, as it ultimately had jurisdiction over the custodians of the detainees. It affirmed the right of detainees to challenge their detention before an impartial tribunal. Following this decision, the Court remanded the habeas petitions to lower courts for decisions.
On July 7, 2004, the Department of Defense established
Combatant Status Review Tribunal
The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were estab ...
s (CSRTs), military forums created as a substitute for the judicial process in U.S. civilian and military courts. The Bush administration has consistently asserted that the detainees at Guantanamo do not have the right to due process and established the CSRT process as an alternative to review charges and determine if detainees were to be classified as enemy combatants.
Following the establishment of the tribunals, the government filed motions to dismiss pending habeas corpus cases, on the basis that the cases should be heard by the CSRT system. The District Court Judge Richard J. Leon dismissed two cases assigned to him on this basis on January 19, 2005. Days later, on January 31, Judge
Joyce Hens Green
Joyce Hens Green (born November 13, 1928) is a Senior United States district judge of the United States District Court for the District of Columbia. Green was nominated by President Jimmy Carter on March 6, 1979, to a seat vacated by Howard F. C ...
, who had been assigned in 2004 to coordinate all the habeas corpus petitions following the ''Rasul v. Bush'' decision, ruled that detainees are entitled to constitutional protections, and that the CSRT system is inadequate to the task.
On December 30, 2005, Congress passed the
Detainee Treatment Act
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 re ...
(DTA). In accordance with the Bush administration goals, the DTA removed Guantanamo habeas corpus cases from the jurisdiction of the US Circuit Court for D.C. and gave authority over these cases to the CSRT and military commission system set up by the Department of Defense.
In January 2006, government lawyers moved to dismiss pending habeas cases, arguing that the DTA should be applied retroactively. The affected cases included ''Al Odah'' and ''Boumediene'' at the US circuit court level, and ''
Hamdan v. Rumsfeld
''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 Mili ...
'' at the level of the Supreme Court.
On June 29, 2006, the Supreme Court ruled in ''Hamdan'' that the DTA cannot be applied retroactively. It determined that the military commissions created by the executive branch violate both military law under the
Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitutio ...
and the
Geneva conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
, to which the US is signatory and incorporated them into law. It ruled that the executive branch did not have the authority to set up a separate judicial system. The Supreme Court decision meant that ''Boumediene'' and ''Al Odah'' could continue in the U.S. civilian court system.
In response to the ''Hamdan'' ruling, Congress passed the
Military Commissions Act of 2006
The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of ...
(MCA) to authorize a new form of military commissions; the president signed it on October 17, 2006. The MCA described the CSRT review process as a substitute for habeas proceedings in U.S. courts and excluded the judicial review of claims challenging detention by non-citizens determined by their CSRTs to be
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 ...
or to be awaiting such determination. On February 20, 2007, the US Court of Appeals for the District of Columbia ruled that the ''Boumediene'' and ''Al Odah'' plaintiffs, as non-citizens, were not entitled to habeas review due to the passage of the Military Commissions Act.
The
Center for Constitutional Rights
The Center for Constitutional RightsThe Center for Constitutional Rights (CCR) is a CCR: Al Odah Case Page /ref>
Commentators have speculated that a widely publicized insider condemnation in November 2007 of the CSRT system was the catalyst for the Supreme Court's reversal. Lieutenant Colonel Stephen Abraham, an Army Reserve officer who had been a panelist on a Combatant Status Review Tribunal, strongly criticized the process in a written affidavit of June 2007, saying that evidence was insufficient and that panelists had been pressured to find detainees were enemy combatants. He described the CSRT system as deeply flawed, saying that it relies on evidence that would not be permissible in a court of law and that it is designed to return a guilty verdict. Abraham submitted his affidavit to the Supreme Court on June 22, 2007, just days before the Court reversed its decision and added the ''Boumediene'' and ''Al Odah'' case to their 2007-2008 docket. Referring specifically to the Al Odah CSRT hearings, in which he participated, Abraham said, "What were purported to be specific statements of fact lacked even the most fundamental earmarks of objectively credible evidence."
The Supreme Court heard oral arguments on the case on December 5, 2007. Demonstrators dressed in detainee-like orange jumpsuits and black hoods assembled outside the building. The day in court was widely reported in the United States and international media.
Petitioners' and Respondents' briefs
The petitioners characterized the Guantanamo Bay detention camp as "an international symbol of the Executive branch's contempt for the rule of law and a deep stain on the reputation of the United States at home and abroad." The petitioners' brief argues that the men at Guantanamo are entitled to ''habeas corpus,'' and that the Military Commission Act violates the Constitution's
suspension clause
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Sen ...
. The brief argues that the Combatant Status Review Tribunals and Military Commissions do not satisfy the requirements of habeas corpus. The petitioners conclude that detainees should be given a "searching judicial review of the factual and legal bases for their detentions."Brief for the Petitioners Center for Constitutional Rights
In their brief, the government respondents argue that the Military Commissions Act eliminated federal court jurisdiction over Guantanamo habeas petitions. In addition, the respondents' legal team submits that the Military Commissions Act does not violate the suspension clause and that the plaintiffs should exhaust the review system set up by the DTA before challenging its legitimacy.Brief for the Respondents Center for Constitutional Rights
''Al Odah'' in the news
The Supreme Court hearing of the ''Boumediene v. Bush'' and ''Al Odah v. US'' case was widely recognized in the media as a serious test of the Bush administration's policy with regard to Guantanamo and detainee rights.
Fox News
The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is owne ...
described ''Boumediene v. Bush'' and ''Al Odah'' as "one of the highest-profile cases the Supreme Court will hear this year." The IPS reported that "the decision of the nine justices" on the ''Boumediene v. Bush'' and ''Al Odah'' case "could bring the entire administration's detention policy down in flames -- or not." ''
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 d ...
'' Editorial Board addressed the case in their October 23 editorial, "The Supreme Court Showdown of the Year." The Times said "it is important for the Supreme Court to make clear that the detainees have a constitutional right to have a judge determine whether they are being properly held." The ''
Village Voice
''The Village Voice'' is an American news and culture paper, known for being the country's first alternative newsweekly. Founded in 1955 by Dan Wolf, Ed Fancher, John Wilcock, and Norman Mailer, the ''Voice'' began as a platform for the cr ...
'' wrote on November 6 that "we will know by the end of the court's term next year whether this Supreme Court...will continue to enforce the essential American principle that none of us is above the law—not even the person who strides to the music of 'Hail to the Chief.'"
''The New York Times'' previewed the December 5, 2007 oral arguments, saying that what is at stake in the case "is whether the Supreme Court itself will continue to have a role in defining the balance f liberty versus securityor whether, as the administration first argued four years ago, the executive branch is to have the final word".
The Defense Department announced the transfer of Fawzi al-Odah to the Kuwaiti government. It wasn't immediately clear how Kuwait will handle al-Odah's case, including if he'll be freed totally.Man tied to al Qaeda released from Guantanamo after 12 years
CNN
CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by ...
, October 5, 2014
Detainees whose cases were consolidated with ''al Odah v. U.S.''
:
Military Commissions Act
The
Military Commissions Act of 2006
The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of ...
mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
''Boumediene v. Bush''
On June 12, 2008, the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruled, in ''
Boumediene v. Bush
''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by ...
Guantanamo captives
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 Guant ...
to access the US Federal Court system. It said that all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
On July 18, 2008
David J. Cynamon
David (; , "beloved one") (traditional spelling), , ''Dāwūd''; grc-koi, Δαυΐδ, Dauíd; la, Davidus, David; gez , ዳዊት, ''Dawit''; xcl, Դաւիթ, ''Dawitʿ''; cu, Давíдъ, ''Davidŭ''; possibly meaning "beloved one". w ...
filed a "PETITIONERS' STATUS REPORT" in ''Al Odah, v. United States'' (Civil Action No. CV 02-0828 (CKK)) on behalf of
Fawzi Khalid Abdullah Fahad Al Odah
Fouzi Khalid Abdullah Al Odah is a Kuwaiti citizen formerly held in the United States Guantanamo Bay detainment camps, in Cuba.
He had been detained without charge in Guantanamo Bay since 2002.Fayiz Mohammed Ahmen Al Kandari
Faiz Mohammed Ahmed al-Kandari (born 3 June 1977) is a Kuwaiti citizen who was held in extrajudicial detention in the United States' Guantanamo Bay detainment camp in Cuba, from 2002 to 2016.
He has never been charged with war crimes.
The US ...
,
Khalid Abdullah Mishal Al Mutairi
Khalid Abdullah Mishal al Mutairi (born June 18, 1975), also known as Khalid Hassan, is a Kuwaiti charity worker who was unlawfully detained in the United States Guantanamo Bay detainment camps, in Cuba. He was ordered released in August 2009, ...
, and
Fouad Mahmoud Al Rabiah
Fouad Mahmoud al Rabiah (born June 24, 1959) is a Kuwaiti, who was held in the United States Guantanamo Bay detainment camps, in CubaDoJ official
John Battaglia
John David Battaglia Jr.Pence, / ISBN 9780786032372 (2012 edition), Chapter 2, Google Booksbr>PT20(first page of chapter).See Google Books search query, "His Grandfather Battaglia, an Italian immigrant, lived in Brooklyn, New York .. (August 2, ...
filed a ''"NOTICE OF SERVICE OF UNCLASSIFIED, PROTECTED FACTUAL RETURN"'' with regard to Faez Mohammed Ahmed al-Kandari ( ISN 552) in Civil Action No. 02-CV-0828 (CKK). Battaglia sought to have the unclassified factual return designated as " protected information". He added: "Respondents, however, do not object to petitioner's counsel sharing the unclassified factual return with the petitioner-detainee in this case."
United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...