User:Geo Swan/Guantanamo/habeas/Khan v. Bush (05 cv 2466)
Khan v. Bush (Civil Action No. 05-cv-2466) (Civil Action No. 05-cv-2466) is a writ of habeas corpus filed on behalf of Guantanamo captive Anwar Khan.
Contents
Lead Counsel
In January 2007 the Center for Constitution Rights published a list of the counsels of the "lead petitioners" in the captives various habeas petitions.[1] The list records Gitanjali Gutierrez of the Center for Constitutional Rights as the counsel to the lead petitioner on this petition.
Seizure of privileged lawyer-client documents
On June 10, 2006 the Department of Defense reported that three captives died in custody. The Department of Defense stated the three men committed suicide. Camp authorities called the deaths "an act of asymmetric warfare", and suspected plans had been coordinated by the captive's attorneys -- so they seized all the captives' documents, including the captives' copies of their habeas documents.[2] Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures. The motion listed Anwar Khan's privileged communications as among those seized.
Military Commissions Act
The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.[3]
Boumediene v. Bush
On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".[4]
On 3 July 2008 US District Court Judge Thomas F. Hogan listed Anwar Khan on a list of habeas petitioners who continued to seek relief for their detention, even though they had been released or repatriated.[5]
References
- ↑ "Lead Petitioners' Counsel in Guantanamo Habeas Cases". Center for Constitutional Rights. Monday, January 8, 2007. http://listproc.ucdavis.edu/archives/law-lib/law-lib.log0701/att-0174/01-GITMO_AttyList.pdf. Retrieved 2008-06-11. mirror
- ↑ "Respondents' response to Court's August 7, 2006 order". United States Department of Defense. August 15, 2006. http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf. Retrieved 2008-06-23. mirror
- ↑ Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006". United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30. mirror
- ↑ Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24. mirror
- ↑ Thomas F. Hogan (2008-07-03). "Petitioners seeking habeas corpus relief in relation to prior detentions at Guantanamo Bay". United States Department of Justice. https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2008mc0444-1. Retrieved 2008-11-12. mirror
{{case-law-stub}} {{GuantanamoBay-detainee-stub}}
Category:Global War on Terror captives' habeas corpus petitions
