Balkinization  

Wednesday, November 16, 2005

Why Habeas at GTMO is So Important

Marty Lederman

A remarkable post over at Obsidian Wings. Read it . . . and then ponder the fate of those (and other) wrongly identified, i.e., non-terrorist, detainees, if the Graham/Levin habeas-stripping compromise is enacted into law.

Comments:

Hi,
I have been wondering whether it is possible for the Govt to arrest *citizens* and ship them off to Gitmo or such like places as foreign combatants. How will anyone be able to prove their citizenship if the right to Habeas Corpus for noncitizens is sustained? Does the justice department have a legal obligation to ascertain citizenship of the person being arrested, and if so, who performs the oversight to ensure this?
 

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