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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.

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

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.

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.