Daniel Freeman


Khalid v. Bush, 335 F. Supp. 2d 311 (D.D.C. 2005).

In re Guantanamo Detainee Cases, 355 F. Supp. 2d 443 (D.D.C 2005).

These statements lie at the core of two recent decisions by judges of the District Court for the District of Columbia. Each judge ruled on identical motions to dismiss, supported and opposed by identical briefs, deciding whether indefinite detention of alien enemy combatants at Guantdnamo Bay was impermissible under a variety of legal theories ranging from executive overreach to customary international law. On January 19, 2005, Judge Richard Leon answered an unequivocal no, dismissing each of the petitioners claims. Less than two weeks later, Judge Joyce Hens Green denied the motion to dismiss, granting that the petitioners had cognizable rights under both the Fifth Amendment and the Geneva Conventions and that the current system of Combat Status Review Tribunals (CSRTs) was insufficient to vindicate those rights.

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