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15 Dec 2008, 11:07 pm
… [H]e wasn't detained because he never went anywhere; but he had a right to if he wanted to. [read post]
15 Dec 2008, 5:40 am
The main criticism of the rule is that there is no provision for individuals to remove their DNA from federal criminal databases in cases where they have been wrongfully detained or may have even become citizens or proven their U.S. citizenship after being held in detention. [read post]
10 Dec 2008, 7:38 am
That said, in the absence of any specific basis to contend that this particular defendant would be inclined to do so, it is a rationale for the detention of all Jews.Of course, the ease with which a defendant can flee the jurisdiction is a consideration at a detention hearing, though it's usually tempered by some showing of inclination specific to the individual defendant. [read post]
24 Nov 2008, 9:20 pm
And since al-Marri is currently the only enemy combatant detained inside the country, the government says, no other cases will be implicated by the issues in his appeal. [read post]
24 Nov 2008, 7:54 pm
“The most I get out of Boumediene,” he said, “is that, if an evidentiary mistake was made [in a detention case], some relief may be available. [read post]
19 Nov 2008, 7:42 pm
As noted above in the entry on Judge Leon’s planned ruling, the Urbina decision came in a case in which the Pentagon no longer seeks to detain the Uighurs as “enemy combatants. [read post]
16 Nov 2008, 12:16 pm
Graham has stated that the detainees should be housed in a facility designed for detaining such suspects. [read post]
15 Nov 2008, 12:44 pm
Most people accept the need to detain or quarantine individuals with highly communicable, potentially deadly diseases. [read post]
11 Nov 2008, 2:17 pm
It’s individuals supporting the family of those wrongly imprisoned. [read post]
10 Nov 2008, 5:22 pm
———————— Arguing that the scope of the President’s authority to detain an individual seized inside the U.S. remains “shockingly ill-defined,” lawyers for the only “war on terror” detainee being held in this country urged the Supreme Court on Monday to take on that issue promptly, and not wait for further lower court review. [read post]
10 Nov 2008, 1:39 pm
When considering whether to limit an individual's right to vote, proportionality requires a clear and close link to the specific conduct of the individual concerned. [read post]
4 Nov 2008, 7:15 pm
Khadr is a combatant when it comes to detaining him indefinitely (even if acquitted of the charges against him), but not when it comes to providing him the privileges and immunities of combatants. [read post]
1 Nov 2008, 1:04 am
Moving to speed up action in the Supreme Court on the President’s power to order the military detention of an individual suspected of terrorism and captured inside the U.S., the Justice Department on Friday asked the Court to deny review of the case of Al-Marri v. [read post]
1 Nov 2008, 12:36 am
” The new merits brief, in summary, argued that the three-judge panel is bound by a ruling last summer in one of the Uighurs’ cases (that of Huzaifa Parhat) that he was entitled to release or transfer, that the Executive Branch has no authority to detain civilians “outside the war power” — including no authority to take time to “wind up” the detention of individuals legally entitled to… [read post]
31 Oct 2008, 8:25 pm
That hasn't stopped the Bush administration from continuing to detain him, but it has raised a judicial eyebrow. [read post]
24 Oct 2008, 6:15 pm
The case, they said, raises basic issues on the proper scope of the Executive Branch’s authority to detain individuals seized inside the country, and on the individual rights of such persons. [read post]
22 Oct 2008, 8:34 pm
” Detention of the individuals involved in the 24 cases, the brief contended, is justified also by “the President’s authority under the Constitution as commander-in-chief. [read post]
21 Oct 2008, 1:07 pm
But to detain the innocent? [read post]
15 Oct 2008, 11:15 pm
Martinez), the Supreme Court has held that inadmissible aliens must be released into the United States after six months of detention if there was nowhere else to send them -- even where they had been convicted of a crime. [read post]
10 Oct 2008, 3:49 pm
The Circuit Court said it would review not just the information considered by the Pentagon’s Combatant Review Status Tribunals, which made the detention decisions, but a much broader array of information from government files on individual detainees. [read post]
