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Terrorism and Habeas Corpus: A Jurisdictional Escape
Author(s) -
FAKHIMI MORAD
Publication year - 2005
Publication title -
journal of supreme court history
Language(s) - English
Resource type - Journals
eISSN - 1540-5818
pISSN - 1059-4329
DOI - 10.1111/j.1059-4329.2005.00108.x
Subject(s) - habeas corpus , terrorism , law , imprisonment , nationality , political science , prison , criminology , sociology , constitution , immigration
Following the events of September 11, Congress authorized the President to “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks … or harbored such organizations or persons.” 1 Considering this surprising grant of authority, a question naturally surfaces as to whether a person whom the President has determined to have planned, authorized, committed or aided the attacks has an absolute right to challenge this determination in a judicial forum through habeas corpus proceedings, regardless of issues such as nationality, venue, next‐friend standing for those held incommunicado, and jurisdictional barriers based on the place of imprisonment.