Bill of Rights Defense Campaign

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Anti-Terror Cases with Civil Liberties Implications

Guantanamo Cases In the Supreme Court

  • HAMDAN V. RUMSFELD, SECRETARY OF DEFENSE et al.
    Supreme Court case in which the Court held that the President's military commissions were not expressly authorized by any Congressional act. Even if they were, the Court held that the commissions were in conflict with both the UCMJ and the Geneva Conventions. The Court ruled the military commissions unconstitutional and set down basic requirements for future commissions.
  • RUMSFELD, SECRETARY OF DEFENSE v. PADILLA et al.
    Supreme Court case in which Padilla, a US citizen, sought Habeas relief as a result of his detainment as an enemy combatant. Court did not decide on the issue, but remanded the case for dismissal without prejudice due to a filing error.
  • HAMDI et al. v. RUMSFELD, SECRETARY OF DEFENSE, et al.
    Supreme Court case holding that US citizens designated as enemy combatants have a right to challenge their detainment under the Due Process Clause.
  • RASUL et al. v. BUSH, PRESIDENT OF THE UNITED STATES, et al.
    Supreme Court decision that Guantanamo is not outside of US territory, therefore petitioners, both US citizens and non- US citizens have habeas rights.
  • GHASSAN ABDULLAH AL SHARBI v. GEORGE BUSH, et al.
    Pending; Courts will decide if the use of military commissions at Guantanamo, authorized by Bush, are constitutional.

Combatant Status Review Tribunals

Supreme Court Rejects Guantanamo War Crimes Trials
(June 29, 2006)Decision in HAMDAN v. RUMSFELD that declared the President's plans to try Guantanamo detainees in Military Tribunals unconstitutional.

Judge Leon Decision
(Jan 15 2005) Federal District Court decision that claims that while the Supreme Court gave detainees the right to file habeas petitions, U.S. courts had neither the right nor the obligation to consider them.

Judge Green Decision
(Jan 31 2005) In an opposing decision on a case similar to the one brought before Leon, Hens Green ruled that the detainees had habeas rights and that the CSRTS were unconstitutional.

Some CSRT cases

For more information on the CSRTs see Human Rights First
An extensive list of Amici Curiae Briefs filed on behalf of the detainees
Guantanamo Timeline
Detainees held at Guantanamo: list released May 15, 2006

News articles

Parts of the USA PATRIOT Act Declared Unconstitutional

  • Material Support: January 2004, see Washington Times article
  • National Security Letters: September 2004, see Washington Post article
  • DOE v. GONZALEZ
    Federal court decision that declared National Security Letters, NSLs, unconstitutional and in specific violation of the First Amendment right to free speech and the Fourth amendment protection from unreasonable searches.

Oregon Attorney Brandon Mayfield

Other Post-9/11 Cases:

 

Warrantless Wiretapping Articles and Cases: