Holding Enemy Combatants in the Wake of Hamdan
Engage: The Journal of the Federalist Society's Practice Groups, Vol. 8, No. 3, pp. 52-61, June 2007
11 Pages Posted: 12 Jul 2007
The article offers, inter alia, a succinct survey of the historical and jurisprudential background for the detainee cases and military commissions cases - including a number of important factual details glossed over in most reporting on the cases (e.g., Padilla has stipulated that he was an enemy spy sent to the United States; it was Hamdan's own defense counsel who had asked to exclude him from the voir dire portion of the proceedings) - as well as legal issues that may still arise.
Keywords: Hamdan, enemy combatants, detainee cases, military commission cases, Federalism, separation of powers
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