US Senate passes compromise on Gitmo detainee federal court access

[JURIST] The US Senate on Tuesday passed a compromise amendment [JURIST report] to the 2006 Defense Appropriations Bill [bill summary] that would curtail, but not totally cut off, Guantanamo Bay [JURIST news archive] detainees' access to the federal court system to challenge their detentions. The new amendment, passed by a vote of 84-14 [roll call vote], was brokered by Sen. Carl Levin (D-MI) [official website] as a compromise to an earlier more restrictive amendment introduced ny his earlier amendment [JURIST report] proposed by Sen. Lindsey Graham (R-SC) [official website] that passed the Senate last Thursday 49-42 [roll call vote]. If signed into law, Tuesday's amendment would give detainees an opportunity to appeal the rulings of a military tribunal, but would otherwise cut off their access to the federal court system. By contrast, Graham's earlier amendment would have limited detainees' access to the federal court system to a review of whether the determination of a detainee's enemy combatant status was consistent with Combatant Status Review Tribunal procedures and standards. Also Tuesday, senators rejected [roll call vote] an amendment introduced by Sen. Jeff Bingaman (R-NM) [official website] that would have more fully permitted detainees to challenge the legality of their detention through federal habeas corpus. Reuters has more.

8:12 PM ET - The 2006 Defense Appropriations Bill [bill summary], with the compromise Graham-Levin amendment, was approved by the Senate Tuesday afternoon by a vote of 98-0. The Washington Post has more.

 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.