Shostack + Friends Blog Archive


Hamdan vs Rumsfeld

The only three facts that are necessary to my disposition of the petition for habeas corpus and of the cross-motion to dismiss are that Hamdan was captured in Afghanistan during hostilities after the 9/11 attacks, that he has asserted his entitlement to prisoner-of-war status under the Third Geneva Convention, and that the government has not convened a competent tribunal to determine whether Hamdan is entitled to such status. All of those propositions appear to be undisputed.

I take no position on Hamdan’s guilt or innocence. But it is clear that if the US has any more evidence than we had in Hamdi, we have failed to produce it, and that’s unacceptable.

(Read the article in the Seattle Post-Intelligencer.)