We will discuss in this article a new Petition for Writ of Habeas Corpus filed in the federal court relating to the non-release of detainees held at Guantanamo Bay notwithstanding the order of the Administration for their release. As of this writing, the President of the United States has issued orders releasing at least 40 detainees, including Ahmed Adnan Ajam who is the subject of the new Petition. Ironically, under the National Defense Authorization Act for the Fiscal Years 2011-20131 (“NDAA”), the President is restricted from releasing detainees under the NDAA which was enacted as a partisan rider to defense budget legislation. Consequently, none of the 40 or more detainees ordered released have actually been released. The Petition raises constitutionally compelling objections to the certification process. These include the objection that the NDAA rider was a Bill of Attainder and was imposed in violation of the prohibition against Ex Post Facto laws. The new claim made is that the NDAA violates the President’s powers as Commander-in-Chief, particularly as those powers were construed to allow the last President in office to detain the individuals in the first place. We will look at the background of these proceedings and the constitutional arguments being advanced.
- Habeas Corpus,
- unlawful detention
Available at: http://works.bepress.com/robert_sanger/23/