Detainee Provisions in the National Defense Authorization Bills

Detainee Provisions in the National Defense Authorization Bills

Date: December 8, 2011
Creator: Elsea, Jennifer K.
Description: This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
Contributing Partner: UNT Libraries Government Documents Department
Detainee Provisions in the National Defense Authorization Bills

Detainee Provisions in the National Defense Authorization Bills

Date: November 18, 2011
Creator: Elsea, Jennifer K.
Description: This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
Contributing Partner: UNT Libraries Government Documents Department
Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Date: April 6, 2012
Creator: Elsea, Jennifer K.
Description: This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants. It also discusses notable circuit court opinions addressing issues of ongoing relevance.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: February 1, 2012
Creator: Elsea, Jennifer K.
Description: This report provides a background to the National Defense Authorization Act for FY2012, the Authorization to use Military Force act, and the President's power to detain "enemy combatants." It then gives a brief introduction to the law of war pertinent to the detention of different categories of individuals and an overview of U.S. practice during wartime to detain persons deemed dangerous to national security. It concludes by discussion Congress's role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of U.S. persons.
Contributing Partner: UNT Libraries Government Documents Department
Detainee Provisions in the National Defense Authorization Bills

Detainee Provisions in the National Defense Authorization Bills

Date: July 18, 2011
Creator: Elsea, Jennifer K.
Description: This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
Contributing Partner: UNT Libraries Government Documents Department
Closing the Guantanamo Detention Center: Legal Issues

Closing the Guantanamo Detention Center: Legal Issues

Date: March 28, 2011
Creator: Garcia, Michael John
Description: This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees’ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: February 1, 2012
Creator: Elsea, Jennifer K.
Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: April 11, 2012
Creator: Elsea, Jennifer K.
Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Citizens

Detention of U.S. Citizens

Date: April 28, 2005
Creator: Fisher, Louis
Description: In 1971, Congress passed legislation to repeal the Emergency Detention Act of 1950 and to enact the following language: “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.” The new language, codified at 18 U.S.C. §4001(a), is called the Non-Detention Act. This statutory provision received attention after the 9/11 terrorist attacks when the Administration designated certain U.S. citizens as “enemy combatants” and claimed the right to detain them indefinitely without charging them, bringing them to trial, or giving them access to counsel. In litigation over Yaser Esam Hamdi and Jose Padilla, both designated enemy combatants, the Administration has argued that the Non-Detention Act restricts only imprisonments and detentions by the Attorney General, not by the President or military authorities.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: March 31, 2005
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
Contributing Partner: UNT Libraries Government Documents Department
FIRST PREV 1 2 3 NEXT LAST