Search for: "Ex Parte Quirin"
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20 Apr 2006, 9:23 am
According to the US legal position, the status of enemy combatant is equivalent to that of an unlawful combatant which is, again according to the US legal position, a status in between combatants and civilians, giving the detainees neither the rights of an prisoner of war, who inter alia has to be released after the actual fighting ends, nor of a civilian, who has to be indicted for a criminal offence immediately (see for the US position the Supreme Court Case, Ex parte… [read post]
18 Sep 2014, 3:57 am
The government further asserts that “longstanding practice” confirms that Congress may make non-international law offenses triable by military commission, and that this position is consistent with the reasoning of Ex parte Quirin, in which the Supreme Court looked to domestic precedents, and not merely international law, when deciding whether spying can be lawfully tried by military commission. [read post]
20 Jul 2016, 5:43 am
Circuit judges) have conflated these two questions, is that the Article I and Article III questions sound similar: The Article I question is whether Congress has the power to define and punish inchoate conspiracy as an offense against the law of nations (or pursuant to its other war powers), whereas the Article III question is, at least according to the Supreme Court, whether inchoate conspiracy fits into the jury-trial exception identified in Ex parte… [read post]
24 Oct 2011, 1:11 pm
But such mid-conflict prosecutions do have a historical pedigree; Ex parte Quirin concerned a mid-conflict prosecution, and the Civil War era saw many commission proceedings prior to Antietam (though many of these, if not most, did not involve Confederate soldiers accused of war crimes). [read post]
25 Jan 2016, 8:20 am
Ex parte Milligan, 4 Wall. 2, 123-24 (1866). [read post]
4 May 2012, 10:21 am
In that sense, the government’s view – that material support is part of a domestic, “U.S. common law of war” – is both radical and unsound. [read post]
23 May 2017, 12:40 pm
Ryan, for the government, argued strenuously against both abatement and the ex parte presentation. [read post]
25 Oct 2014, 6:55 am
United States and analyzed Judge David Tatel’s “keen sensitivity” to a key precedent, Ex Parte Quirin. [read post]
7 Nov 2014, 3:32 pm
Further, the precondition that the offense charged occur within the period of the war implies that the charges must be brought swiftly after the accused is captured, as demonstrated in Ex parte Quirin, where the accused were executed less than a month after entering the US. [read post]
20 Aug 2008, 10:03 am
The Bush Administration lawyers decided, on the basis of one highly criticized Supreme Court case, Ex parte Quirin (1942), to argue that anyone designated an "enemy combatant" had no rights under Geneva or any other law, including the criminal law of the United States. [read post]
14 Jul 2014, 4:45 pm
See Quirin, 317 U.S. at 21–23. [read post]
19 Oct 2014, 9:01 pm
However, if the hypothetical alien had been walking in Toledo and the Government could prove that he was an enemy spy who had been inside enemy lines fighting against the United States, and then sneaked into the United States as a spy, he would be like the aliens whom the Government captured in Ex parte Quirin. [read post]
16 Jun 2015, 9:09 am
The court relied primarily on the Supreme Court’s 1942 decision in Ex Parte Quirin, where the Court addressed the contours of the Article III exception for law-of-war military commissions. [read post]
26 Oct 2014, 8:23 pm
This post includes a draft of the fourth Chapter of Part II (Hierarchies of Law and Governance; Sources and Uses) --Chapter 11 (Role of Law/Rule of Law). [read post]
6 May 2021, 12:23 pm
The indictments in the last seditious conspiracy case invoked the “execution of the law” clause, and both then-Attorney General Barr and the subsequent acting attorney general supported the statute’s use against Black Lives Matter protesters, presumably under the broader parts of the statute. [read post]
18 Jun 2008, 12:16 am
Ex Parte Quirin (the Nazi saboteur case) provides a place for the unlawful combatant category within U.S. law, but it is still an awkward fit for non-battlefield terrorism suspects. [read post]
8 Jun 2022, 8:33 am
Immediately after the leak, I wrote that the Court should issue a one-sentence per curiam opinion, with a reasoned decision to follow--follow the path of Ex Parte Quirin. [read post]
21 Oct 2016, 12:51 pm
The Supreme Court’s 1942 decision in Ex parte Quirin held that military commissions can try defendants for violations of the laws of armed conflict (LOAC), even though the specialized judges in those tribunals lack Article III’s safeguards of lifetime tenure and protected levels of compensation. [read post]
4 Nov 2014, 9:01 pm
In Ex Parte Quirin, the U.S. [read post]
17 May 2012, 6:23 am
Each of the offenses at issue has a direct antecedent in “the system of common law applied by [this nation’s] military tribunals,” Ex parte Quirin, 317 U.S. 1, 30 (1942), and incorporated into military regulations at least since the Civil War. [read post]
