Government merits brief in Hamdan
on Feb 23, 2006 at 5:49 pm
The Solicitor General on Thursday filed the federal government’s brief on the merits in the case challenging the war crimes “military commissions” set up for terrorism suspects at Guantanamo Bay, Cuba (Hamdan v. Rumsfeld, 05-184). The brief opens with a renewal of the government’s argument that the case must be dismissed under the new Detainee Treatment Act, as well as an assertion that Hamdan has filed his challenge too early.
The summary of argument opens this way: “Petitioner’s pre-trial challenge to his military commission is jurisdictionally foreclosed by the Detainee Treatment Act of 2005 and fatally premature.”
The brief and appendix can be found here.
In addition, the amicus brief of Senators Graham and Kyl, supporting respondent, can be found here. An additional amicus brief supporting the government from the Criminal Justice Legal Foundation can be found here.
