On June 10th, the Supreme Court refused to entertain Moath al-Alwi’s latest legal challenge to his detainment
IN JANUARY 2002, Moath al-Alwi, a Yemeni, was one of the first 20 men dispatched to the Guantánamo Bay Naval Base in Cuba and detained as an enemy combatant. Some 780 men have passed through Guantánamo over the past 17 years, and Mr al-Alwi is one of only 40 prisoners remaining. On June 10th, the Supreme Court refused to entertain Mr al-Alwi’s latest legal challenge to his detainment. There were no published dissents from that demurral.
There are “unanswered questions” from Hamdi, he wrote, that the justices will eventually need to resolve. This week inJustice Breyer showed more impatience. The prospect of “perpetual detention” for the remaining Guantánamo prisoners is alarming, he wrote, and “it is past time to confront the difficult question” of how long an AUMF can continue to provide the legal foundation for holding detainees without trial.
So Mr al-Alwi and some three dozen fellow detainees languish at Guantánamo with little hope of release, barring an unlikely vote in Congress to rescind the aging AUMF. Relief from the judiciary remains elusive. Two other pending cases at the DC Circuit Court involve “forever prisoners” Khalid Ahmed Qassim, another Yemeni citizen, and Abdul Razak Ali, an Algerian.
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