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By Kent Scheidegger et al.

Justice Department Seeks to Limit District Court Authority to Transfer Detainees: At SCOTUSblog, Lyle Denniston posts that the Justice Department has filed two appeals seeking resolution of whether District Court Judges have the authority to issue orders that regulate the potential transfer of detainees out of Guantanamo Bay. The first appeal was filed on July 25, 2008 and asked the D.C. Circuit Court to rule on Senior District Court Judge Thomas F. Hogan's authority to require the government to give thirty days notice to a detainee's lawyer before the detainee is transferred from Guantanamo. The second appeal, filed today, questions District Judge Rosemary M. Collyer's authority to temporarily bar transfer of a detainee to his home country because he fears torture there...continue to full post

Full post as published by Crime and Consequences on August 08, 2008 (boomark / email).