Today the Supreme Court holds a private conference on the Hamdan and Khadr cases to determine whether to grant cert in those cases. The Khadr reply brief may be found here; it consists of some dense legal argument detailing just why habeas corpus historically did not apply only to citizens of the sovereign. We’ll see just where that goes, if anywhere, after today’s Court conference.
Above: Omar Khadr, 20 y.o., Guantanamo detainee
Also, this Tuesday, 24 April, charges on the 20-year old Khadr were referred under the military Commissions process, referred charge sheet here, and Solicitor General letter notifying the Court of the charges here. The five charges are non-capital and include: (1) murder by throwing a hand grenade at U.S. SFC Speer; (2) attempted murder by planting converted land mines into improvised explosive devices and planting them to kill coalition forces; (3) conspiracy to attack the U.S. via Al Qaeda; (4) violating 10 U.S.C. 950v(b)(25) by providing material support for terrorism; and, (5) violating 10 U.S.C. 950v(b)(27) by spying.
Materials on the Commissions, including very detailed transcripts, records of trial, and charge sheets, interactive timelines and schedules, may be found here.
More to come after the Court acts/declines.