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Coverage by Bryan K. Randolph · BrynoDC
Hamdan v. Rumsfeld
SCOTUS · Decided Decided
Case Overview
Held the military commissions convened to try Guantanamo detainees violated the Uniform Code of Military Justice and Common Article 3 of the Geneva Conventions because their procedures departed from court-martial standards without adequate justification. The President needs congressional authorization to create tribunals that deviate from the statutory scheme; Congress answered with the Military Commissions Act. The middle case between Hamdi and Boumediene.
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