Well, it’s nine days from now, and the briefing already had been complete for a while. Not saying it was egregious, just no sign of urgency.
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Replying to @BobbyChesney @qjurecic
Right. Feels like all along there has been a willingness to give the govt *some* time to get its $&@t together, but not forever.
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On the
@lawfarepodcast last month, I suggested 30 days as the outer limit of a military detention “presentment” window. We’ll be 7+ weeks past that by the time of next week’s hearing.1 reply 0 retweets 1 like -
Replying to @steve_vladeck @BobbyChesney and
These cases are of course different b/c habeas rights themselves had to be litigated first, but I wonder if someone in the twitterverse can tell us how long it took before a judge held first hearings on Hamdi, Munaf, etc
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Replying to @becingber @steve_vladeck and
Hamdi had been held several months already before US even uncovered he was an Amcit
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Replying to @becingber @BobbyChesney and
And then Fourth Circuit initially ruled that public defender couldn’t proceed as his next friend. None of those cases will likely be instructive because of all of the jurisdictional wrangling...
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Replying to @steve_vladeck @becingber and
I’m unaware of any case in which the government conceded jurisdiction but refused to identify the detainee as a means of interfering with his ability to bring a habeas petition...
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Replying to @steve_vladeck @becingber and
The problem here is USG's view that the right to petition *hasn't vested yet,* because they're misreading "reasonable period of time to determine a detainee’s status" (Boumediene) to mean "reasonable period of time for USG *to make a determination regarding the disposition*."
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Replying to @marty_lederman @steve_vladeck and
You take that to be a good faith misinterpretation, or just the most convenient & lenient interpretation?
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Replying to @AndresFreundPol @steve_vladeck and
neither -- a deliberate misreading
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That's what I though, thanks for confirming.
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