Home -> Law Blog Directory -> Criminal Law Blogs -> Capital Defense Weekly

Criminal Law

: Capital Defense Weekly

Munaf v. Geren

By Karl R. Keys, Esq.

In today’s other habeas case, Munaf v. Geren, the SCOUTS holds: The habeas statute extends to American citizens held overseas by American forces operating subject to an American chain of command. The Government?s argument that the federal courts lack jurisdiction over the detainees? habeas petitions in such circumstancesbecause the American forces holding Omar and Munaf operate as part of a multinational force is rejected. The habeas statute, 28 U. S. C. §2241(c)(1), applies to persons held ?in custody under or by color of the authority of the United States.? The disjunctive ?or? in§2241(c)(1) makes clear that actual Government custody suffices for jurisdiction, even if that custody could be viewed as ?under . . . color of? another authority, such as the MNF?I...continue to full post

Full post as published by Capital Defense Weekly on June 12, 2008 (boomark / email).