Summary of Basis for Tribunal Decision Summary Basis at 1 7c attached to

Summary of basis for tribunal decision summary basis

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Summary of Basis for Tribunal Decision (“Summary Basis”) at ¶¶ 1, 7(c) (attached to Kuebler Affidavit as Exhibit 8). Following the CSRT’s determination, Petitioner remained in detention with the general adult population at Guantánamo. See Kuebler Affidavit ¶ 3. In November 2005, the Government charged Petitioner with alleged “war crimes” and referred him for trial before a military commission constituted under authority of the President’s Military Commission Order Number 1 of August 31, 2005 (“MCO No.1”). Shortly thereafter, in December, 2005, Petitioner filed a Supplemental Petition for Writ of Habeas Corpus in which he 7 The Secretary of Defense’s Order defines an “enemy combatant” as “an individual who was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners,” including “any person who has committed a belligerent act or has directly supported hostilities in aid of enemy forces.” July 7 Order at ¶ a. Petitioner’s CSRT relied solely on his purported membership in al-Qaeda in concluding that he was properly detained as an “enemy combatant.” 8
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challenged both the legality of his detention and the military commission’s jurisdiction to try him. The next year, the Supreme Court held that the military commissions established under MCO No. 1 were unlawful. See Hamdan v. Rumsfeld , 548 U.S. 557 (2006). Following that decision, Congress enacted the MCA, and in February 2007, the Government preferred new military commission charges against Petitioner under the MCA. In April, 2007, these charges were referred to a military commission for trial. Petitioner’s military commission case is currently undergoing pre-trial briefing. A final pre-trial hearing is scheduled for September 10, 2008, and his case is set for trial on October 8, 2008. On June 12, 2008, the Supreme Court ruled that detainees at Guantánamo Bay are entitled to prompt habeas corpus hearings to challenge their detention. See Boumediene v. Bush , 128 S. Ct. 2229 (2008). On July 2, 2008, this Court transferred Petitioner’s case to Judge Hogan “for coordination and management,” but “retain[ed] the case[] for all other purposes.” Order, Khadr v. Bush , No. 04-1136 (JDB) (D.D.C. July 2, 2008). Because the juvenile-related issues raised in this Motion are unique to Petitioner, and do not concern issues amenable to “coordination” with other habeas cases, he has filed this Motion for Judgment on the Pleadings or, in the alternative, for Summary Judgment with this Court. 8 JURISDICTION This Court has jurisdiction under 28 U.S.C. §§ 1331, 1361, 1391, 1651, 2201, 2202, 2241, 2242; 5 U.S.C. § 702; and Article I, § 9, cl. 2 of the U.S. Constitution. ARGUMENT 8 As numerous federal courts have recognized, dispositive motions under the Federal Rules of Civil Procedure are appropriate in habeas proceedings. See, e.g ., El-Hadad v. United States , 377 F. Supp. 2d 42 (D.D.C. 2005); United States ex rel. New v. Rumsfeld , 350 F. Supp. 2d 80 (D.D.C. 2004).
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  • Summer '16
  • Ramon Wawire
  • Supreme Court of the United States, Habeas corpus, Hamdan v. Rumsfeld, Boumediene v. Bush, military commission

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