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Amicus Brief in Rumsfeld v. Padilla (Supreme Court, Merits Stage)
In Padilla, the government asserted the authority to indefinitely detain a suspected terrorist seized within the United States. Amici The Constitution Project and the Center for National Security Studies argue that no statute authorizes such indefinite detention and that the President' s military authority does not allow him to hold an individual who was not a self-acknowledged or undisputed member of the armed forces of a hostile state.
Amicus Brief in Padilla v. Rumsfeld (Second Circuit)
In Padilla, the government asserted the authority to indefinitely detain a suspected terrorist seized within the United States. Amici The Constitution Project and several other NGOs argue that no statute authorizes such indefinite detention and that the President' s military authority does not allow him to hold an individual who was not a self-acknowledged or undisputed member of the armed forces of a hostile state.
Amicus Brief in Padilla v. Rumsfeld (Second Circuit)
In Padilla, the government asserted the authority to indefinitely detain a suspected terrorist seized within the United States. Amici The Constitution Project and several other NGOs argue that no statute authorizes such indefinite detention and that the President' s military authority does not allow him to hold an individual who was not a self-acknowledged or undisputed member of the armed forces of a hostile state.
Recommendations for the Use of Military Commissions
The report of the Constitution Project’s Liberty and Security Initiative delineates the concerns raised by the proposed use of military tribunals to try terrorism suspects. The central recommendation of the Initiative’s blue-ribbon panel is that the jurisdiction of the military tribunals be limited to trials of combatants captured overseas on the battlefield.
Amicus Brief in al-Marri v. Pucciarelli (U.S. Supreme Court, Cert. Stage)
The U.S. Court of Appeals for the Fourth Circuit sitting en banc narrowly overturned a three-judge panel that held that Ali Saleh Kahlah al-Marri, a legal permanent resident in the U.S. accused of being an al-Qaeda sleeper agent, should either be freed or charged as a civilian. Amici The Constitution Project and the Rutherford Institute urge the U.S. Supreme Court to examine the Bush administration' s indefinite military detention without charge of a legal U.S. resident.
Amicus Brief in al-Marri v. Pucciarelli (U.S. Supreme Court, Cert. Stage)
The U.S. Court of Appeals for the Fourth Circuit sitting en banc narrowly overturned a three-judge panel that held that Ali Saleh Kahlah al-Marri, a legal permanent resident in the U.S. accused of being an al-Qaeda sleeper agent, should either be freed or charged as a civilian. Amici The Constitution Project and the Rutherford Institute urge the U.S. Supreme Court to examine the Bush administration' s indefinite military detention without charge of a legal U.S. resident.
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