A member of Abu Zubaydah’s legal team explains his client’s experience in the wake of the debate over torture and Gina Haspel.
Latest in habeas corpus
If ACLU v. Mattis eventually reaches the underlying merits, the court will need to wrestle with the historical backdrop that informed ratification of the Suspension Clause and its operation through much of American history along with difficult questions going to the extraterritorial application of the United States Constitution.
The government's emerging position that it can prevent courts from addressing merits of the military detention of an unnamed U.S. citizen by declining indefinitely to identify him should be rejected—with nuance.
On October 30th, the Senate Committee on Foreign Relations will hold a hearing titled "The Authorizations for Use of Military Force: Adminstration Perspective," featuring Secretaries Mattis and Tillerson. This is a good thing. We should have an updated AUMF. But, failing that, we should at least have regular and serious hearings in which Congress elicits information about how the President currently construes these authorities.