Wrong Claim, Wrong Party, Wrong Court: Assessing the Petition Brought by a Coalition of Clergy, Lawyers, & Professors on Behalf of Detainees Held by the U.S. Military in Guantanamo Bay, Cuba

11 Pages Posted: 26 Jul 2006

See all articles by John C. Eastman

John C. Eastman

Claremont Institute Center for Constitutional Jurisprudence

Date Written: March 18, 2002

Abstract

This brief article assesses the merits of the habeas corpus petition filed by a group of Los Angeles-based attorneys and professors on behalf of terrorists being detained by the United States in Guantanamo Bay, Cuba. It argues that the petitioners had no standing; that the Central District of California had no geographic connection and therefore no jurisdiction; and that the Constitution's guarantee of the writ of habeas corpus did not does not extend to non-citizens beyond the borders and sovereign authority of the United States.

Keywords: habeas corpus, Guantanamo Bay, terrorists, Al Quada, detainees, jurisdiction

JEL Classification: H11,H56,K41,

Suggested Citation

Eastman, John C., Wrong Claim, Wrong Party, Wrong Court: Assessing the Petition Brought by a Coalition of Clergy, Lawyers, & Professors on Behalf of Detainees Held by the U.S. Military in Guantanamo Bay, Cuba (March 18, 2002). Available at SSRN: https://ssrn.com/abstract=919142 or http://dx.doi.org/10.2139/ssrn.919142

John C. Eastman (Contact Author)

Claremont Institute Center for Constitutional Jurisprudence

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United States
877-855-3330 (Phone)

HOME PAGE: http://https://www.claremont.org/center-for-constitutional-jurisprudence/

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