Search for: "Ex Parte Quirin"
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14 Jun 2015, 2:20 pm
United States ex rel. [read post]
21 Feb 2007, 9:39 am
The Court has, for example, entertained the habeas petitions of an American citizen who plotted an attack on military installations during the Civil War, Ex parte Milligan, 4 Wall. 2 (1866), and of admitted enemy aliens convicted of war crimes during a declared war and held in the United States, Ex parte Quirin, 317 U.S. 1 (1942), and its insular possessions, In re Yamashita, 327 U.S. 1 (1946). [read post]
3 Oct 2013, 1:00 pm
Clark was formally in charge of the prosecution; the memo is thus an ex parte submission to the reviewing board with no evident notice or opportunity to comment provided to the defense. [read post]
10 Jan 2013, 6:06 am
Circuit’s decision in Hamdan II, but also with both the plurality and Justice Kennedy’s analysis of Article 21 in Hamdan I, with the unanimous decision in Ex parte Quirin, and with the very OLC memo on which the original post-9/11 military commissions were based. [read post]
12 Jun 2013, 7:30 am
Although Ex parte Quirin recognized an exception to Article III for “offenses committed by enemy belligerents against the law of war,” that exception was necessarily limited to offenses against the international laws of war. [read post]
14 Jul 2014, 6:15 am
” Indeed, the central legal precedent for the use of military commissions to try unprivileged belligerents is Ex parte Quirin, 317 U.S. 1 (1942) [LINK]. [read post]
7 Jun 2017, 3:09 am
And during World War II, the Court heard Ex parte Quirin in July 1942, a case about presidential war powers and the jurisdiction of a United States military tribunal instead of a civilian court in the trial of German saboteurs caught in the United States. [read post]
23 Jun 2014, 4:00 am
Given the hostility of the majority inHamdan to the remaining sliver of Presidential authority to convene military commissions not authorized by Congress, recognized by Ex Parte Quirin, 317 U. [read post]
9 Feb 2011, 10:38 am
Krueger (whether civilian spouse of U.S. service member can be tried by court martial for murdering her husband) and Ex parte Quirin (1942) (challenging the President’s power to try accused German saboteurs by military tribunal during World War II). [read post]
20 Feb 2007, 10:00 am
It is the fact that the petitioners were enemy aliens - an undisputed fact - that is paramount in Eisentrager: The prisoners rely, however, upon two decisions of this Court to get them over the threshold -- Ex parte Quirin, 317 U.S. 1, and In re Yamashita, 327 U.S. 1. [read post]
13 Dec 2006, 4:09 pm
It is the fact that the petitioners were enemy aliens - an undisputed fact - that is paramount in Eisentrager: The prisoners rely, however, upon two decisions of this Court to get them over the threshold -- Ex parte Quirin, 317 U.S. 1, and In re Yamashita, 327 U.S. 1. [read post]
5 Dec 2017, 11:00 am
After describing the Supreme Court’s release of the Burr conspirators in Ex parte Bollman (1807) and the flurry of habeas proceedings during the War of 1812, Tyler traces a wartime writ in decline. [read post]
11 Oct 2021, 1:01 am
He upheld the President’s power to try Nazi saboteurs captured on American soil by military tribunals in Ex parte Quirin, 317 U.S. 1 (1942). [read post]
1 Nov 2014, 8:08 am
On the same day that the Court upheld removal on constitutional grounds, it struck down continued detention in Ex parte Endo on, in effect, administrative law grounds. [read post]
21 Oct 2008, 10:29 pm
Press The Influence of Ex Parte Quirin and Courts-Martial on Military Commissions [pdf] Morris D. [read post]
18 Dec 2011, 6:18 pm
In the case of the German U-boat saboteurs, as the Supreme Court considered their habeas petitions in Ex parte Quirin, FDR quietly let it be known that they were going to be shot regardless. [read post]
30 Jul 2013, 12:07 pm
That’s the whole point of Article 21 of the Uniform Code of Military Justice—the provision that the Supreme Court held to authorize the military commission trial of the Nazi saboteurs in Ex parte Quirin, and the one that the Supreme Court held not to authorize Hamdan’s trial by military commission in Hamdan v. [read post]
22 May 2013, 6:00 am
Consider the famous case Ex parte Milligan, which involved events during the American Civil War. [read post]
8 Feb 2013, 5:14 am
On the other hand, Ex parte Milligan (1866) broadly proscribed military commissions against civilians from loyal states. [read post]
7 Dec 2015, 5:43 am
The summary military trial and execution of some of these Germans is the subject of the Supreme Court case Ex Parte Quirin, 317 U.S. 1 (1942). [read post]
