The Supreme Court left to district courts the responsibility for working through the procedure that would govern resulting habeas corpus proceedings. The primary question revolving around the habeas corpus decision is to what level of proof does the U.S. have to show for detaining a prisoner?(Waxman) Determining if it is some evidence, clear and convincing...
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...nment’s presentation of the case because it could not “prove” that Al-Mutari definitively trained with Al-Qaida groups (Waxman).
The Constitution of the United States established the judicial system as a check on the legislative and executive branch, but by trying to provide equality it enabled the enemy to exploit legal technicalities. It seems that we should apply logic and common sense when interpreting the decision of the Supreme Court rulings, but as evident by the decisions of multiple lower courts, the interpretation of a ruling can muddy what appears on the surface to be an upfront, equitable, and fair decision. Boumediere v. Bush appears to provide Guantanamo prisoners impartial representation, but in reality allows them to make a mockery of the American judicial system and sets a deadly precedent that thwarts our efforts on the War against Terrorism.
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