A Report from Retired Federal Judges
June 2010 / 46pp.
Full report available (PDF)
Habeas Works: Federal Courts’ Proven Capacity to Handle Guantanamo Cases examines the capacity of federal courts to handle habeas corpus cases of Guantanamo detainees. The Supreme Court, in its landmark Boumediene v. Bush decision, upheld detainees’ rights to challenge their detention in U.S. federal courts. The report analyzes how the federal court system has handled complex evidence, determined the lawfulness of detention, and established consistent procedural guidelines.
The report concludes—with the backing of 16 of the nation’s most respected former federal judges—that courts can and has set a framework for wartime detention, and there is no need for legislation, as certain commentators and legislators have argued.