Professor Zengerle Joins Former Attorneys General in Filing Amicus Brief in Hamdan Case
Adjunct Professor and Executive Director of the Clinic for Legal Assistance to Servicemembers Joseph Zengerle recently joined with three former Attorneys General of the United States and others to present a Brief Amicus Curiae in support of the Bush administration in Hamdan v. Rumsfeld to be argued before the United States Supreme Court on March 28, 2006.
The Hamdan case addresses the legality of the military commissions established by President Bush to try enemy combatants captured in the "war on terror" and held in Guantanamo Bay, Cuba, as well as the right of petitioner Hamdan to challenge the legality of his detention in an Article III court under the 1949 Geneva Convention.
Both civilian and military amici share the belief that the President possesses the constitutional authority to convene military commissions as an inherent part of his power to command military operations in time of war. Use of such commissions is critical to the President's ability to protect both military and civilian targets from enemies - such as al Qaeda — who deny the fundamental distinction for purposes of military action between an ammo dump and an office tower.
For more information on the case, see http://www.hamdanvrumsfeld.com/briefs.