jhafetz

Are you Warlizard of the Warlizard gaming forum?

Standing is an issue before the Court now. But it's clear from precedent that under these type of extreme circumstances--where gov't is not releasing citizen's name, the gov't has confirmed the citizen wants to speak to a lawyer, and no family member is before the court to assert the detained citizen's rights. Otherwise, you have an effective suspension of habeas corpus by the executive, which is illegal.

That's a good question. The government hasn't given a reason other than saying it's to protect his privacy. But that's a flimsy excuse. In America, we don't have secret detention.

Military detention is NOT military jurisdiction. The Supreme Court has said over and over again that federal courts can review the legality of a citizen's detention. See the Hamdi case (https://www.law.cornell.edu/supct/html/03-6696.ZO.html), and see especially Justice Scalia's opinion if you have any doubts on this matter--that will resolve them!

Hi, I'm Jonathan Hafetz at the ACLU. Happy to answer questions on why this case matters if you care about the Constitution.