4 They merit prompt resolution before Petitioner is subjected to the ordeal of

4 they merit prompt resolution before petitioner is

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4 They merit prompt resolution before Petitioner is subjected to the ordeal of an adult military commission trial, and before Petitioner is subject to further detention among the adult population at Guantánamo Bay. And—as is discussed in detail below—there is no jurisdictional or abstention-based obstacle that prevents this Court from hearing them now. It bears emphasis that there is nothing anomalous about the relief Petitioner seeks. The distinction between juveniles and adults is a bedrock principle not simply of the law of war, but also of United States domestic criminal law, articulated in numerous legal provisions acknowledging the limited capacity and culpability of juveniles and requiring that juveniles be 4 Petitioner’s first and second arguments rely only on the fact that Petitioner was a juvenile at the time he allegedly committed the acts for which he has been charged, a fact that appears in the Government’s own charge sheet in Petitioner’s military commission proceeding, see Charge Sheet, United States v. Omar Khadr , at ¶ 4 (noting that Petitioner was born on September 19, 1986) (attached to Kuebler Affidavit as Exhibit 2); id . ¶ 12 (noting that U.S. forces captured Petitioner on July 27, 2002), and which the Government has conceded in judicial proceedings, see, e.g. , Brief for Respondent, Khadr v. Gates , No. 07-1156 at 15 (D.C. Cir. filed July 17, 2008) (noting that Petitioner was “15 years old . . . at the time he was captured on the battlefield in Afghanistan”). Petitioner’s third argument, an alternative challenge to the legality of his detention as an enemy combatant, relies on the fact that Petitioner has been detained as an adult; but this too is an undisputed fact that the Government has previously conceded in judicial proceedings. See id. at 5 (“Because [O.K.] was 16 years old at the time of his transfer to Guantánamo, he was placed in the normal facilities for adult detainees rather than in special facilities set up for detainees under the age of 16.”). Because these facts have been conceded by the Government in judicial proceedings, Petitioner’s claims in this Motion are appropriate for resolution on the pleadings under Federal Rule of Civil Procedure 12(c). Cf. Baker v. Henderson , 150 F. Supp. 2d 17, 19 n.1 (D.D.C. 2001) (“the court may take judicial notice of matters of a general public nature, such as court records, without converting the motion to dismiss into one for summary judgment”); Jean Alexander Cosmetics, Inc. v. L’Oreal USA, Inc. , 458 F.3d 244, 257 n.5 (3d Cir. 2006) (to resolve a motion to dismiss, “a court may properly look at public records, including judicial proceedings, in addition to the allegations in the complaint.”) (internal quotations omitted). Should this Court disagree, Petitioner respectfully requests that it treat Petitioner’s motion as one for summary judgment under Federal Rule of Civil Procedure 56, relying on the attached Statement of Undisputed Material Facts and Kuebler Affidavit.
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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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