Government Merits Brief - Hamdan v. Rumsfeld

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18a try any person who is not an individual subject to this order. (b) With respect to any individual subject to this order— (1) military tribunals shall have exclusive jurisdiction with respect to offenses by the individual; and (2) the individual shall not be privileged to seek any remedy or maintain any proceeding, directly or indirectly, or to have any such remedy or proceeding sought on the individual’s behalf, in (i) any court of the United States, or any State thereof, (ii) any court of any foreign nation, or (iii) any international tribunal. (c) This order is not intended to and does not create any right, benefit, or privilege, substantive or procedural, enforceable at law or equity by any party, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. (d) For purposes of this order, the term “State” includes any State, district, territory, or possession of the United States. (e) I reserve the authority to direct the Secretary of Defense, at any time hereafter, to transfer to a governmental authority control of any individual subject to this order. Nothing in this order shall be construed to limit the authority of any such governmental authority to prosecute any individual for whom control is transferred. Sec. 8. Publication. This order shall be published in the Federal Register. THE WHITE HOUSE, Washington, November 13, 2001. GEORGE W. BUSH
19a 6. Geneva Convention relative to the Treatment of Prisoners of War, of Aug. 12, 1949, 6 U.S.T. 3316, 75 U.N.T.S. 135, provides in pertinent part: WHEREAS the Geneva Convention relative to the Treatment of Prisoners of War was open for signature from August 12, 1949 until February 12, 1950, and during that period was signed on behalf of the United States of America and sixty other States; WHEREAS the text of the said Convention, in the English and French languages, as certified by the Swiss Federal Council, is word for word as follows: GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR OF AUGUST 12, 1949 The undersigned Plenipotentiaries of the <strong>Government</strong>s represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded at Geneva on July 27, 1929, relative to the Treatment of Prisoners of War, have agreed as follows: PART I GENERAL PROVISIONS ARTICLE 1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. ARTICLE 2 In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may
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No. 05-184 In the Supreme Court of
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TABLE OF CONTENTS Page Jurisdiction
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V Cases—Continued: Page Foster v.
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VII Cases—Continued: Page United
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IX Treaties, statutes, regulations,
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XI Statutes, regulations, and rules
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XIII Miscellaneous—Continued: Pag
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In the Supreme Court of the United
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3 2. a. In November 2001, petitione
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5 Qaeda,” and that he was therefo
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7 SUMMARY OF ARGUMENT I. Petitioner
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9 ity in wartime to hold enemy figh
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11 tured in the United States, Ex p
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13 entertaining “habeas petitions
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15 sion,” and that judicial revie
Page 31 and 32: 17 AUMF authorized the use of milit
Page 33 and 34: 19 UCMJ applies to armed conflicts
Page 35 and 36: 21 Eisentrager, 339 U.S. at 788. Th
Page 37 and 38: 23 The President’s inherent autho
Page 39 and 40: 25 no basis for this Court to inval
Page 41 and 42: 27 1. Military commissions may be a
Page 43 and 44: 29 particular reference to the fact
Page 45 and 46: 31 253, 306 (1829); see generally U
Page 47 and 48: 33 spected * * * in all circumstanc
Page 49 and 50: 35 ever, create no enforceable fede
Page 51 and 52: 37 court of appeals to have conside
Page 53 and 54: 39 applicable to “all cases of de
Page 55 and 56: 41 tenced only if the sentence has
Page 57 and 58: 43 E. Petitioner Does Not Enjoy The
Page 59 and 60: 45 commission. The Court described
Page 61 and 62: 47 (3d ed. 1914); see Richard S. Ha
Page 63 and 64: 49 armed conflicts, * * * which are
Page 65 and 66: APPENDIX 1. 10 U.S.C. 821, Art. 21,
Page 67 and 68: 3a Committee on the Judiciary of th
Page 69 and 70: 5a (2) ELEMENTS OF REPORT.—Each s
Page 71 and 72: 7a (ii) to the extent the Constitut
Page 73 and 74: 9a and Nationality Act and, in part
Page 75 and 76: SECTION 2. 11a AUTHORIZATION FOR US
Page 77 and 78: 13a (d) The ability of the United S
Page 79 and 80: 15a Sec. 3. Detention Authority of
Page 81: 17a (8) of the record of the trial,
Page 85 and 86: 21a (c) outrages upon personal dign
Page 87 and 88: 23a B. The following shall likewise
Page 89 and 90: 25a * * * * * ARTICLE 11 In cases w
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Government Merits Brief - Hamdan v. Rumsfeld

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