Enemy Combatant Cases / Military Tribunal-Habeas Summary?

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
wired
Posts: 472
Joined: Tue Jun 23, 2009 2:29 pm

Enemy Combatant Cases / Military Tribunal-Habeas Summary?

Postby wired » Mon Apr 22, 2013 10:34 am

Anyone have a good flow chart or summary on the military tribunal / habeas cases? (Think Milligan, Quirin, Hamdi, Hamdan, Rasul, Boumediene.) Still having a tough time wrapping my head around it. PM me if you don't feel comfortable disclosing in public.

Dead Parrot
Posts: 49
Joined: Wed Oct 19, 2011 3:45 pm

Re: Enemy Combatant Cases / Military Tribunal-Habeas Summary?

Postby Dead Parrot » Mon Apr 22, 2013 6:28 pm

when dealing with detainment:
1) has writ been suspended? if yes then its over, if no then go to 2
2) is def entitled to habeas proceding or does the court not have jurisdiction?
eisentrager - no jurisdiction - foreign national in foreign territory
Rasul - jurisdiction - (gitmo= jurisdiction), then eisentrager doesn't apply go to 3
3) if jurisdiction, what kind of hearing?
hamdi -military tribunal okay
hamdan- no military tribunal
bourd - rules of military tribunal not give enough more rights

GertrudePerkins
Posts: 183
Joined: Wed Jun 08, 2011 9:38 pm

Re: Enemy Combatant Cases / Military Tribunal-Habeas Summary?

Postby GertrudePerkins » Mon Apr 22, 2013 6:37 pm

Dead Parrot wrote:when dealing with detainment:
1) has writ been suspended? if yes then its over, if no then go to 2
2) is def entitled to habeas proceding or does the court not have jurisdiction?
eisentrager - no jurisdiction - foreign national in foreign territory
Rasul - jurisdiction - (gitmo= jurisdiction), then eisentrager doesn't apply go to 3
3) if jurisdiction, what kind of hearing?
hamdi -military tribunal okay
hamdan- no military tribunal
bourd - rules of military tribunal not give enough more rights
This obviously doesn't come close to being the least-helpful thing ever posted on TLS, but it is pretty bad.

ClubberLang
Posts: 208
Joined: Wed May 23, 2012 11:34 am

Re: Enemy Combatant Cases / Military Tribunal-Habeas Summary?

Postby ClubberLang » Tue Apr 23, 2013 9:24 pm

GertrudePerkins wrote:
Dead Parrot wrote:when dealing with detainment:
1) has writ been suspended? if yes then its over, if no then go to 2
2) is def entitled to habeas proceding or does the court not have jurisdiction?
eisentrager - no jurisdiction - foreign national in foreign territory
Rasul - jurisdiction - (gitmo= jurisdiction), then eisentrager doesn't apply go to 3
3) if jurisdiction, what kind of hearing?
hamdi -military tribunal okay
hamdan- no military tribunal
bourd - rules of military tribunal not give enough more rights
This obviously doesn't come close to being the least-helpful thing ever posted on TLS, but it is pretty bad.


+1

That was awful.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: BeeTeeZ, Egzon, iliketurtles123, QuentonCassidy and 4 guests