The Court agrees that subjecting Petitioner to proceedings before a tribunal presently under jurisdictional scrutiny by the highest court in the land, the Supreme Court, before it makes an ultimate ruling on whether or not said tribunal is jurisdictionally sound would cause irreparable injury to Petitioner. Petitioner faces the clear and imminent risk of being subjected to a military commission which has not been ultimately determined by the Supreme Court to have jurisdiction over Petitioner.Read the full text of the memorandum opinion [PDF]. Reported in JURIST's Paper Chase here.
Hicks military commission trial stay ruling [US DC]
David M. Hicks v. George W. Bush, United States District Court for the District of Columbia, Judge Colleen Kollar-Kotelly, November 14, 2005 [staying the military commission trial of Australian Guantanamo detainee David Hicks until the US Supreme Court rules on the legality of such military tribunals in Hamdan v. Rumsfeld]. Excerpt:
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