Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
Abstract
This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, as amended by the Military Commissions Act of 2006, analyzing its effects on detainee-related litigation in federal court. The report summarizes pending legislation and provides an analysis of relevant constitutional issues, including whether the DTA provisions amount to a suspension of the Writ of Habeas Corpus within the meaning of the Suspension Clause or whether it is a valid exercise of Congress's power under the Constitution to regulate the jurisdiction of federal courts.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 06, 2007
- Accession Number
- ADA466588
Entities
People
- Jennifer K. Elsea
- Kenneth R. Thomas
Organizations
- Library of Congress