In the case of the U.S.-citizen detainee that the military is holding in Iraq, the government can transfer or free the detainee, or it can let him access to counsel and file a case challenging his detention. But it cannot refuse to honor the systems that guarantee judicial oversight of an American citizen's detention.
Latest in Detention
The judiciary has sought to constrain the executive branch’s civil detention authority under immigration authorities when seeking criminal prosecution of illegal immigrants.
On Nov. 30, the Justice Department responded to D.C. District Court Judge Tanya Chutkan's order in ACLU v. Mattis for the government to say whether the unnamed American citizen detainee being held as an enemy combatant had requested counsel and whether he invoked his right to habeas corpus. The ACLU then filed a reponse brief. On Dec. 1, the Justice Department filed a response opposing the ACLU's brief.
Al-Alwi v. Trump: The Government Responds, Initial Hearing En Banc is Requested and Denied, and Amici Chime In
Our summary and analysis of the government’s response to al-Alwi’s appeal, al-Alwi’s petition for an initial hearing en banc and an amicus brief filed by notable international law scholars.
The background and future prospects of the American Civil Liberties Union’s habeas petition on behalf of the unnamed U.S. citizen enemy combatant held in Iraq.
The government has filed a reply brief in American Civil Liberties Union v. Mattis, the case regarding the unnamed U.S. citizen detained as an enemy combatant.
The D.C. District Court issued an order in the lawsuit the ACLU filed on behalf of the unnamed American citizen being held as an enemy combatant by the U.S. military.
A summary of al-Alwi’s appeal to the U.S. Court of Appeals for the District of Columbia Circuit.
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
When an American ISIS fighter turned himself in to Syrian Democratic Forces last month, the subsequent detention of the unnamed enemy combatant by U.S. forces sparked concern. To explore the implications of John Doe’s detention, Steve Vladeck joined Benjamin Wittes for a lively debate on the level of alarm that the American citizen held in military custody should raise.