Military Law
Dec. 22, 2005
Compromise Fails to Remedy Faults in Detainee Amendment
Forum Column - By Carl Tobias - On Nov. 10, the U.S. Senate passed 49-42 an amendment to the Department of Defense Authorization Act, which would have eliminated federal court jurisdiction over pending habeas corpus petitions and future petitions filed by Guantanamo Bay detainees. On Nov. 15, as Congress' Thanksgiving recess approached, senators hastily adopted 84-14 a compromise that tempers some of the amendment's worst features, but this remedy is not a comprehensive solution.
By Carl Tobias
On Nov. 10, the U.S. Senate passed 49-42 an amendment to the Department of Defense Authorization Act, which would have eliminated federal court jurisdiction over pending habeas corpus petitions and future petitions filed by Guantanamo Bay deta...
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