Legal Issues
Khan was the first of fourteen detainees transferred from the CIA black sites to military custody at Guantanamo to challenge the legality of his detention. The Center for Constitutional Rights filed the challenge on October 5, 2006 — before President Bush signed the Military Commissions Act of 2006 into law. The Military Commissions Act of 2006 disallows detainees from mounting challenges through U.S. courts. The act is retroactive. The Center for Constitutional Rights and others argued against this act before the U.S. Supreme Court in Al Odah v. United States and Boumediene v. Bush on December 5, 2007. Justice Kennedy held that the petitioners, including Khan, were entitled to petition United States courts for writ of habeas corpus.
Read more about this topic: Majid Khan (detainee)
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