Tuesday, June 11, 2019

Not military justice, but

How long can detention at Guantánamo last under the Authorization for the Use of Military Force? Justice Stephen Breyer says in connection with the denial of certiorari in Al-Alwi v. Trump, "I would, in an appropriate case, grant certiorari to address whether, in light of the duration and other aspects of the relevant conflict, Congress has authorized and the Constitution permits continued detention." No Justice joined him.

Charlie Savage and Carol Rosenberg report here on Justice Breyer's statement regarding the denial of certiorari. They write in The New York Times:
"Mr. Alwi is one of 40 remaining detainees. Nine are charged or convicted in the troubled military commissions system; 26 are recommended for continued detention; and five are recommended for transfers to stable countries, although the Trump administration has not sought to carry them out."

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