Mahmud Idris v. George W. Bush

Mahmud Idris v. George W. Bushis a writ of habeas corpus filed on behalf of Guantanamo captive Mahmud Idris.

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were closed.However, on June 12 2008, in Boumediene v. Bush, that Combatant Status Review Tribunals were inadequate, and the outstanding habeas petitions were put back in motion.

Combatant Status Review Tribunal panel 13 convened on 3 November 2004 to confirm Mahmud Idris's "enemy combatant" status. cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_5182-5342.pdf#30
pages=pages 30-46
title=Mahmud Idris v. George W. Bush
publisher=United States Department of Defense
date=2004-11-03
accessdate=2008-08-18] His habeas petition was first filed before US District Court Judge James Robertson.

eizure of privileged lawyer-client documents

On June 10 2006 the Department of Defense reported that three captives died in custody.The Department of Defense stated the three men committed suicide.Camp authorities called the deaths "an act of assymetric warfare", and suspected plans had been coordinated by the captive's attorneys -- so they seized all the captives' documents, including the captives' copies of their habeas documents.cite web
url=http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf
title=Respondents' response to Court's August 7, 2006 order
date=August 15 2006
publisher=United States Department of Defense
accessdate=2008-06-23 [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.pegc.us%2Farchive%2FOK_v_Bush%2Fgovt_resp_to_GK_20060815.pdf&date=2008-08-18 mirror] ] Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.cite news
url=http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf
title=NOTICE OF MILITARY COMMISSIONS ACT OF 2006
publisher=United States Department of Justice
author=Peter D. Keisler, Douglas N. Letter
date=2006-10-16
accessdate=2008-09-30
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fnatseclaw.typepad.com%2Fnatseclaw%2Ffiles%2FHamdan.28j.letter.pdf&date=2008-09-30 mirror] ]

Boumediene v. Bush

On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.

On July 18, 2008 Jennifer R. Cowan of DEBEVOISE & PLIMPTON LLP re-initiated Civil Action No. 05-CV-1555 on behalf of Ibrahim Osman Ibrahim Idris.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/135/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 135 -- STATUS REPORT FOR PETITIONER IBRAHIM OSMAN IBRAHIM IDRIS (ISN 036)
publisher=United States Department of Justice
author=
date=2008-07-18
accessdate=2008-08-18
quote= ]
Jennifer C. Argabright and John B. Missing, also of DEBEVOISE & PLIMPTON LLP, have helped Mahmud Idris present previous habeas petitions.cite news
url=http://listproc.ucdavis.edu/archives/law-lib/law-lib.log0701/att-0174/01-GITMO_AttyList.pdf
title=Lead Petitioners' Counsel in Guantanamo Habeas Cases
publisher=Center for Constitutional Rights
date=Monday, January 8, 2007
accessdate=2008-06-11
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Flistproc.ucdavis.edu%2Farchives%2Flaw-lib%2Flaw-lib.log0701%2Fatt-0174%2F01-GITMO_AttyList.pdf&date=2008-08-18 mirror] ]

References