Has the U.S. government’s authority to use military detention under the 2001 authorization for the use of military force (AUMF) quietly expired? So argue a group of eleven Guantanamo detainees in a habeas corpus petition filed last week.
The petition raises significant questions, but I find it unpersuasive. Here’s why:
1. A threshold issue: Haven’t these detainees already pursued habeas relief?