The Volokh Conspiracy - Obama Administration Adopts (At Least for Now) The View that Bagram Detainees Have No Habeas Rights:

The BLT has the scoop. From the statement of Acting Assistant Attorney General Michael Hertz:

"This Court's Order of January 22, 2009 invited the Government to inform the Court by February 20, 2009, whether it intends to refine its position on whether the Court has jurisdiction over habeas petitions filed by detainees held at the United States military base in Bagram, Afghanistan. Having considered the matter, the Government adheres to its previously articulated position."

As the BLT indicates, though, "President Obama has ordered a task force led by the attorney general and the defense secretary to review overall policy on detainees. A report is due in six months. A Justice Department spokesman declined to speculate on whether the government's position may change following the review." Stay tuned.

	[Orin Kerr, February 20, 2009 at 6:19pm] Trackbacks Obama Administration Adopts (At Least for Now) The View that Bagram Detainees Have No Habeas Rights: The BLT has the scoop. From the statement of Acting Assistant Attorney General Michael Hertz: "This Court's Order of January 22, 2009 invited the Government to inform the Court by February 20, 2009, whether it intends to refine its position on whether the Court has jurisdiction over habeas petitions filed by detainees held at the United States military base in Bagram, Afghanistan. Having considered the matter, the Government adheres to its previously articulated position." As the BLT indicates, though, "President Obama has ordered a task force led by the attorney general and the defense secretary to review overall policy on detainees. A report is due in six months. A Justice Department spokesman declined to speculate on whether the government's position may change following the review." Stay tuned.