Briefs

Salim Ahmed Hamdan, Petitioner

v.
Donald H. Rumsfeld, Secretary of Defense, et al.

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SUPREME COURT FILES

Briefs of the Parties (excluding DTA Briefs, click here for DTA)

Hamdan Reply Brief

Hamdan Merits Brief + Appendix to Petitioner's Brief

Government Merits Brief

Petition for a Writ of Certiorari + Petition Appendix

Hamdan's Reply to Government's Opposition to Certiorari

Petition for an Extraordinary Writ, or, in the Alternative, an Original Writ of Habeas Corpus

Government's Opposition to Certiorari

Briefs Filed By Amicus

Concerning the Constitution, Authorization, Courts-Martial Regulations, Constraints on Military Commissions, and other Domestic Law

Amicus Brief of General David Brahms and General James Cullen (AUMF does not authorize military commissions)
Amicus Brief of Richard A. Epstein, Bruce Ackerman, Randy E. Barnett, and Geoffrey R. Stone (Military commissions not authorized)
Amicus Brief of The American Jewish Committee, People for the American Way Foundation, The Rutherford Institute, and Trial Lawyers for Public Justice (Military commissions violate accused's right to be present and confrontation rights)
Amicus Brief of the Brennan Center and Professor William Eskridge (UCMJ does not authorize military commissions)
Amicus Brief of Specialists in Conspiracy and International Law (Conspiracy is not a violation of the laws of war)
Amicus Brief of Jack Rakove, et al (Inherent presidential power does not permit commissions)
Amicus Brief of Certain Former Federal Judges (Constitution protects Hamdan's Rights/Verdugo)
Amicus Brief of the National Institute of Military Justice and Bar Association of DC (Commission violates court-martial rules and AR 190)
Amicus Brief of the CATO Institute (Civilian trial required by Constitution)
Amicus Brief of Human Rights First, Physicians for Human Rights et al (Military commissions unauthorized because they admit tortured testimony)
Amicus Brief of Lawrence Friedman, Jonathan Lurie, and Alfred P. Rubin (Barbary pirates precedent shows commissions illegal)
Amicus Brief of Clive Stafford Smith (Military commissions accept tortured testimony)
Amicus Brief of Louis Fisher, Senior Librarian, Library of Congress (Hamdan's military commission violates the historical understanding of commissions)
Amicus Brief of Quirin Historians (Quirin an "unhappy precedent" that should not be extended)
Amicus Brief of Military Law Historians (Hamdan's commission violates historical understanding of military commissions)
Amicus Brief of Certain International Law Professors (Military commissions constrained by necessity and geography)
Amicus Brief of 280 Law Professors (Military commissions violate separation of powers)
Amicus Brief of the American Civil Liberties Union, et al (Military commissions impermissably discriminate against aliens for the first time)
Amicus Brief of National Association of Criminal Defense Lawyers (Military commissions historically bound by court martial rules)
Amicus Brief of Former Attorneys General, et al. (President has inherent authority to establish military commissions)
Amicus Brief of Citizens for Common Defence (Presidents have established military commissions in war)

Concerning the Geneva Conventions and other International Law

Amicus Brief of Madeleine K. Albright and 21 Former Senior U.S. Diplomats (Military commissions inconsistent with international law)
Amicus Brief of Retired Generals and Admirals (Geneva Conventions judicially enforceable/deference to Presidential Determination dangerous to our troops)
Amicus Brief of Louis Henkin et al (Geneva conventions judicially enforceable)
Amicus Brief of Ryan Goodman, Derek Jinks, and Anne-Marie Slaughter (Geneva Conventions apply and protect Hamdan)
Amicus Brief of Former ICRC Officials (Commissions violate international law)
Amicus Brief of 422 Members of the U.K. and E.U. Parliaments (Military commissions violate international law)
Amicus Brief of Detainee Ibrahim Ahmed Mahmoud al Qosi (Habeas and mandamus provide vehicles for hamdan to enforce geneva convention rights)
Amicus Brief of the Urban Morgan Institute for Human Rights (Charming betsy doctrine requires commissions to comply with international law)
Amicus Brief of New York City Bar Association and International Bar Association (Military commissions violate common article 3)
Amicus Brief of the Yemeni National Organization for Defending Rights and Freedoms (Military commissions will undermine democracy in the Arab world)

Concerning Detainee Treatment Act and Jurisdictional Issues

Amicus Brief of Professor Richard Rosen, et al (Abstention is no barrier to Hamdan's pre-commission challenge)
Amicus Brief of Burt Neuborne, et al (Graham-Levin/National Detention Act authorizes Hamdan's pre-commission challenge)
Brief of over 300 Detainees (Graham-Levin does not bar Hamdan lawsuit -- prospective legislation)
Amicus Brief for the Center for National Security Studies and The Constitution Project (Graham-Levin/National Detention Act permits Hamdan's challenge)
Amicus Brief of Arthur Miller (Graham-Levin and abstention both permit this mandamus action)
Amicus Brief for the Bar Human Rights Committee of the Bar of England and Wales and the Commonwealth Lawyers Association (Traditional/Historical writ of habeas corpus protects Hamdan)
Amicus Brief of Office of Military Commissions, Chief Defense Counsel (Abstention inappropriate due to judicial efficiency/institutional considerations)
Amicus Brief of Judge Hufstedler and Judge Norris (On the Detainee Treatment Act and Government Motion to Dismiss)
Amicus Brief of Senators Graham and Kyl (The DTA is retroactive)
Amicus Brief of Criminal Justice Legal Foundation (The DTA is retroactive)
Amicus Brief of Brief Washington Legal Foundation and Allied Educational Foundation (Court should abstain)

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Briefs Filed For Certiorari

Amicus Brief of 304 Members of the British and European Parliaments in Support of Certiorari (filed Sept. 7, 2005)
Amicus Brief of Retired American Generals and Admirals in Support of Certiorari (filed Sept. 7, 2005)
Amicus Brief of Quirin Historians in Support of Certiorari (filed Sept. 7, 2005)
Amicus Brief of Louis Fisher, Senior Librarian, Library of Congress, in Support of Certiorari (filed Sept. 7, 2005)
Amicus Brief of New York City Bar Association in Support of Certiorari (filed Sept. 7, 2005)
Amicus Brief of Office of Military Commissions, Chief Defense Counsel in Support of Certiorari (filed Sept. 7, 2005)
Amicus Brief of the National Institute for Military Justice in Support of Certiorari (filed Sept. 7, 2005)
Amicus Brief of Human Rights First in Support of Certiorari (filed Sept. 7, 2005)
Amicus Brief of Doswald-Beck et al. (former International Committee for the Red Cross Officials and other law-of-war officials) in Support of Certiorari (filed Sept. 7, 2005)

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Court of Appeals for the DC Circuit Files

Motion for Stay of Mandate
Government Opposition
Hamdan's Reply
Motion by Detainee al-Otebi for Intervention to Seek Recusal of Judge Roberts: Doc 1, Doc 2 Government Opposition to Intervention Hamdan's Opposition to Intervention
Transcript of Oral Argument in D.C. Circuit (April 7, 2005)
(Briefs Filed by Hamdan)
Merits Brief of Petitioner-Appellee Hamdan (Dec. 29, 2004)
Motion for En Banc Hearing (Dec. 29, 2004)
(Briefs Filed by Amicus)
Amicus Brief of Retired Generals and Admirals in Support of Affirmance
- Enforcing Geneva Conventions Necessary to Protect American Troops, Court Should Rule that Commissions Violate Them
Amicus Brief of 305 Members of the European and British Parliaments in Support of Affirmance

Geneva Convention violated by Military Commissions; Compliance Necessary to Prevent Fracturing American Alliances and the Rule of Law Abroad

Amicus Brief of the Association of the Bar of the City of New York in Support of Affirmance
- Hamdan's Military Commission Violates Common Article 3 of the Geneva Conventions and Must Be Dismissed
Amicus Brief of Former International Committee of the Red Cross Officials and International-Law Experts in Support of Affirmance
- Hamdan's Military Commission Violates Several Geneva Convention Guarantees
Amicus Brief of Eleven Law Professors in Support of Affirmance
- Geneva Conventions' Protections are Judicially Enforceable as well as Self-Executing
Amicus Brief of Human Rights First, Physicians for Human Rights, et al. in Support of Affirmance

The Federal Court Must Decide the Issues Now Due to Impending Psychological Harm

Amicus Brief of Military Attorneys Assigned to the Defense of al Bahlul in Support of Affirmance
- Court Must Decide Confrontation Rights Issues Now Because of the Crisis of Uncertainty in the Military Commissions
Amicus Brief of People for the American Way, Rutherford Institute, and Gene Fidell in Support of Affirmance
- Hamdan's Military Commission Violates Confrontation Rights of the UCMJ Apart from Only 10 U.S.C. 839
Amicus Brief of Professor Noah Feldman , Legal Advisor in Iraq, in Support of Affirmance
- Hamdan's Military Commission denies the fundamental right to be present and to confront witnesses, guarantees that are crucial to the war crimes tribunals in Iraq.
Amicus Brief of Military Law Practioners and Academics in Support of Affirmance
- Hamdan's Military Commission Violates Violates 10 U.S.C. 836 and Longstanding Court-Martial Rules
Amicus Brief of the National Association of Criminal Defense Lawyers in Support of Affirmance
- Military Commissions are Creatures of Necessity; Hamdan's Violates Traditional Principles
Amicus Brief of Constitutional Law Professors In Support of Affirmance
- Hamdan's Commission Violates Separation of Powers
Amicus Brief of International Law Professors in Support of Affirmance
- Commission Improperly Constituted with Respect to Time and Place
Amicus Brief of Louis Fisher in Support of Affirmance
- Senior Librarian, Librarian of Congress, arguing Hamdan's Military Commission is Unlike Any Other in History and Violates Basic Constitutional Principles
Amicus Brief of Professors Jenny Martinez and Allison Danner in Support of Affirmance
- Hamdan's Commission Lacks Jurisdiction Because Conspiracy is Not a Violation of the Laws of War
Amicus Brief of Human Rights USA in Support of Affirmance
- Hamdan's Commission is Improperly Constituted
Amicus Brief of the Urban Morgan Institute in Support of Affirmance
- The Charming Betsy Canon of Interpretation Requires Voiding the Commission
Vietnam Article V Hearing Rules
(Briefs Filed by the US)
Brief of the United States (December 8, 2004)
Reply Brief of the United States (Jan. 10, 2005)
Brief of the United States Opposing En Banc Hearing (Jan. 27, 2005)
(US Amicus Briefs)
Amicus Brief of the Washington Legal Foundation in Support of Reversal
Amicus Brief of the American Center for Law and Justice in Support of Reversal

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District Court Files

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Supreme Court Documents Regarding Certiorari Before Judgment

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