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Boumediene V. Bush

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Submitted By pushtd45
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Boumediene v. Bush
553 U.S. 723; 128 S. Ct. 2229; 171 L. Ed.2d 41 (2008)
Vote: 5-4

 Historical Background
 September 11, 2001
 World Trade Center Attack
 Pentagon Attack
 September 12, 2001
 Article V of the NATO agreement is invoked for the second time
 September 18, 2001
 The first case of Anthrax attacks in the mail
 September 20, 2001
 President George W. Bush declares a “War on Terror”
 October 2, 2001
 NATO backs U.S. military strikes in response to 9/11 attacks
 October 5, 2001
 Robert Stevens is the first victim of anthrax attacks
 October 7, 2001
 U.S. invasion of Afghanistan begins.
 October 8, 2001
 President Bush establishes Offices of Homeland Security
 November 13, 2001
 President Bush signs an executive order allowing military tribunals of people suspected of being terrorists
 Facts
 Under the Authorization for Use of Military Force (AUMF) the president is authorized “to use all necessary and appropriate force against those he determined planned, aided or committed acts on 9/11/2001 in order to prevent any future acts of terrorism.
 Congress enacted Detainee Treatment Act (DTA 2005) that essentially determines a detainee’s status
 Military Commissions Act (MCA 2006) was created to The Military Commissions Act was prompted, in part, by the U.S. Supreme Court’s June 2006 ruling in Hamdan v. Rumsfeld which rejected the President’s creation of military commissions by executive order and held unmistakably that the protections of Common Article 3 of the Geneva Conventions applies in the context of the conflict with Al Qaeda.
 The petitioners were detained at Guantanamo Bay for six years without meaningful notice or the factual grounds of detention or a fair chance to dispute these grounds before a neutral decision maker.
 The U.S. government classified the petitioners as enemy combatants.

...

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