Supreme Court Doctrine Law Paper
Description
Pease fully address and analyze the that has been presented based on current Supreme Court doctrine. I recommend that you utilize the IRAAC format introduced in Legal Research and Writing in order to ensure that you properly analyze the issue.
In 2021, the President has taken action to finally close the Guantanamo Bay prison. He achieved this by releasing some prisoners, transferring other prisoners to prisons within their native countries, and not admitting any new prisoners captured in Iraq, Syria, Venezuela, or Afghanistan. Some of these new prisoners went to such “resorts” as Abu Ghraib in Iraq, while others went to Bagram Airfield in Afghanistan and Balad Air Base in Iraq, both of which are under the control of U.S. military forces. One of the prisoners at Balad Air Base, Ali Hussein Akbar, a Jordanian citizen, mailed a petition for writ of habeas corpus to the U.S. District Court for the District of Columbia. In his petition, Mr. Akbar claimed that he was imprisoned as an “enemy combatant” six months prior, but that the U.S. military had not to date filed formal charges against him, the military had not afforded him an opportunity to answer any charges, the military had not given him the assistance of counsel, and the military had not given him a hearing before a neutral tribunal to determine the truth or falsity of the filed charges.
Within the time allotted for filing a response to the habeas corpus petition, the U.S. Army, with the assistance of the Department of Justice, filed a motion to dismiss the habeas corpus petition. How should the district court decide?
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