Page 21 - Enemy Combatants News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Make -- >> under current law? >> under current law i believe that determination is made by the executive branch and the person is put into -- is detained and then the question becomes whether they are able to bring some sort of legal challenge to that. >> so the law is the executive branch determines if you're an enemy combatant, and under our law you can appeal that decision through habeas, is that correct? >> i believe that's correct. >> is it your view that we can hole enemy combatants as long as they are a threat to the united states? >> i believe that's what the supreme court has determin...

A difficult time in guantanamo bay? >> thank you, senator. i do want to clarify. when i first started working on these cases i was an assistant federal public defender. the supreme court in 2004 issued two opinions that began this group of cases and these issues. this was in the wake of the tragic and terrible attack on this country in 9/11 and the executive's use of authority to contain enemy combatants at guantanamo bay. in 2004, the supreme court ruled that the executive did have the authority to make those detentions in one case and then in another case the supreme court ruled that anyone

Defender you filed several habeus po petitions naming former president bush and rumsfeld, and argued they were civilians, wrongly classified as enemy combatants of the united states and filing was part of your professional responsibility to advocate for your clients. in those petitions raised a dozen claims for relief, one the government had sanctioned torture against the individual which constituted war crimes under the alien tort statute. allow cases for alleged violations of the law of nations or the treaties of the united states. apparently what senator cornyn was referencing, so to be cle...

Untenable position. this is not the way you fight a war. if you try to do this in world war ii, they'd run you out of town. we hold enemy combatants as a threat. there's no magical passage of time you've got to let go. my question is very simple. did you support the idea then that indefinite detention of an enemy combatant is unlawful? >> respectfully, senator, when you are an attorney, and you have clients who come to you, whether they pay or not, you represent their positions before the court. >> i'm sure everybody at gitmo wants out. you know, i got that. this is an amicus brief and i just ...

Going to gitmo and being charged or not charged and held. and there has been argument about how we treat them. and, of course, the left has been wanting to close gitmo for years. wanting to bring these detainees to the united states. and there have been major questions, legally, about what that would mean in terms of the rights that they have if they are brought to the u.s. mainland and treated as criminals rather than enemy combatants. and, of course, judge jackson as you mentioned represented a number of these detainees early in the 2,000s. she was also asked yesterday about a brief that she...