Monday, October 20, 2008

Government Moves for Reconsideration of Hamdan's Sentence

The Defense Department released documents in the government's motion for reconsideration of Hamdan's (of Hamdan v. Rumsfeld) sentence in response to requests by the Wall Street Journal.  (WSJ story here; blog here.) 

After Hamdan's military commission sentenced him earlier this fall to 66 months, but creditied him for 61 months, the government moved for reconsideration based on the commission's lack of authority to grant credit for time served.  The government's motion is here; the defense's response is here; the government's reply is here.  (Many thanks to the WSJ and reporter Jess Bravin for obtaining and releasing these.)

The arguments mostly center around the commission's authority (or not) to grant credit for time served under the Military Commissions Act and the Rules for Military Commissions.  But pages 4 through 6 of the government's motion discuss wartime authority of the president, particularly authority to detain Hamdan as an enemy combatant (which the government argues is independent of any sentence meted out by the commission). 

SDS

http://lawprofessors.typepad.com/conlaw/2008/10/government-move.html

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