We represent, pro bono, two detainees at the U.S. Naval Station at Guantánamo Bay, Cuba, seeking writs of habeas corpus. We write to publish and to protest the de facto refusal of our judicial branch to provide any meaningful review of the legality of the detention of Guantánamo internees. Most recently the U.S. Supreme Court signaled its lack of interest (or fear of the issues?) in its June 11 refusal to review any of the seven appeals by other Guantánamo detainees challenging decisions of the U.S. Court of Appeals for the D.C. Circuit that had, for all practical purposes, closed the courts to Guantánamo detainee challenges by decreeing that government justifications for a detention were to be presumed true.
Most of the detainees now held at Guantánamo have, like our clients, been imprisoned there for more than a decade without ever being charged with any crime. Some, like our clients, would be on their way home but for events wholly unrelated to them, such as President Obama’s current ban on returning detainees to Yemen, and face continued detention for an indefinite period of time even though all of our nation’s military and intelligence authorities decided long ago that they should be released. Their habeas petitions ask the judicial branch to perform its constitutional duty to determine whether or not their detentions are lawful.
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