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Habeus Corpus Restoration Act of 2007

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Follow up to June 24, 2007 posting, Skelton/Conyers Introduce Habeas Reform Legislation, see these additional related government documents:

  • S.185 – A bill to restore habeas corpus for those detained by the United States. Sponsor: Sen Specter, Arlen [PA] (introduced 1/4/2007) – Senate Report 110-90, June 26, 2007: “This legislation repeals those provisions of the Detainee Treatment Act of 2005 (DTA) and the Military Commissions Act of 2006 (MCA) that eliminated the jurisdiction of any court to hear or consider applications for a writ of habeas corpus filed by aliens who have been determined by the United States to be properly detained as enemy combatants, or are awaiting such determination. The legislation would therefore permit detainees held by the United States Government as enemy combatants, or as potential enemy combatants, to file writs of habeas corpus and other related actions in the United States District Courts, subject to limitations on habeas that pre-dated the DTA. It also allows courts to consider legal challenges to military commissions only as provided by the Uniform Code of Military Justice or by a habeas corpus proceeding.”
  • CRS Report RL33180 – Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court, June 26, 2007, (45 pages, PDF)
  • June 29, 2007: Supreme Court reverses and agrees to hear appeals in Guantanamo Bay detainee cases.
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