Newsweek's "Insights" Into Boumediene And Eisentrager
The Supreme Court ruled last June, in a case involving some Gitmo prisoners, that U.S. courts should review the cases of detainees who deny being enemy combatants.Does that mean summoning military commanders away from the battlefield to testify? In a case in 1950, Justice Robert Jackson wrote that it would be "difficult to devise a more effective fettering" of a field commander than to allow the very enemy he is trying to defeat to cause him to be called home to defend his actions in court. Obama might do well to heed Justice Jackson's words as he referees the debates that pop up in his own administration.
Does Boumediene require that "enemy combatants" held overseas who deny their status be granted a habeas proceeding in the US? Not exactly. I'll explain on the flip.
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