User:Geo Swan/Guantanamo/habeas/Hani Saleh Rashid Abdullah v. George W. Bush
Hani Saleh Rashid Abdullah v. George W. Bush
(Civil Action No. 05-cv-0023)
is a writ of habeas corpus filed on behalf of Guantanamo captive Hani Saleh Rashid Abdullah
before US District Court Judge
Richard W. Roberts.
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.[1]
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".[2]
Re-initiation
On 18 July 2008 Charles H. Carpenter of Pepper Hamilton filed a "notice of filing of his Status Report for Hani Saleh Rashid Abdullah" as part of Civil Action No. 05-0023 No. 05-0023 (RWR).[3] In the status report Carpenter wrote that Abdullah was tortured in the dark prison.[4] Carpenter wrote that Abdullah had a DTA appeal filed on his behalf. Carpenter wrote:
- Abdullah has a pending motion to allow his counsel access to an affidavit recently filed in his case. The affidavit concerns the investigation into whether evidence pertaining to Abdullah was destroyed, contrary to an order entered in this case in 2005.
On 30 October 2008 Stephen M. Truitt filed a "NOTICE OF FILING MOTION FOR IDENTIFICATION OF WITNESS WHOSE NAME HAS BEEN WITHHELD" on behalf of Hani Saleh Rashid Abdullah (ISN 841) in Civil Action No. 05-cv-0023 (RWR).[5]
On 4 December 2008 Charles H. Carpenter filed a "NOTICE OF FILING PETITIONER'S CLASSIFIED SUPPLEMENT TO OPPOSITION TO MOTION TO RECONSIDER" on behalf of Hani Saleh Rashid Abdullah.[6]
References
- ↑ 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
- ↑ Charles H. Carpenter (2008-08-18). "Guantanamo Bay Detainee Litigation: Doc 99 -- notice of filing of his Status Report for Hani Saleh Rashid Abdullah". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/99/0.pdf. Retrieved 2008-08-21. mirror
- ↑ Charles H. Carpenter (2008-07-22). "Guantanamo Bay Detainee Litigation: Doc 173 -- STATUS REPORT FOR HANI SALEH RASHID ABDULLAH". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/173/0.pdf. Retrieved 2008-12-06.
- ↑ Stephen M. Truitt (2008-10-30). "Guantanamo Bay Detainee Litigation: Doc 908 -- NOTICE OF FILING MOTION FOR IDENTIFICATION OF WITNESS WHOSE NAME HAS BEEN WITHHELD". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/908/0.pdf. Retrieved 2008-11-06. mirror
- ↑ Charles H. Carpenter (2008-12-04). "Guantanamo Bay Detainee Litigation: Doc 1185 -- NOTICE OF FILING PETITIONER'S CLASSIFIED SUPPLEMENT TO OPPOSITION TO MOTION TO RECONSIDER". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/1185/0.pdf. Retrieved 2008-12-06.
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Category:Global War on Terror captives' habeas corpus petitions Category:Guantanamo Bay captives appeals under the Detainee Treatment Act
