Vladeck on Munaf

At Prawfsblawg today, my friend — and national-security law expert — Steve Vladeck discusses what the reversal of Mohammed Munaf’s conviction means for his Supreme Court case. Here is a snippet:

Munaf’s habeas petition is one of two brought by U.S. citizens detained in Iraq set to be argued before the Supreme Court later this month (and in which I co-authored an amicus brief in support of the federal courts’ jurisdiction).

Significantly, the distinction between Munaf and the other detainee — Omar — relied upon by the D.C. Circuit was Munaf’s conviction by the CCC-I… the lower courts concluded that, where the U.S. citizen-detainee had not been tried and convicted (Omar), there was jurisdiction; where he had, there wasn’t (Munaf).

If Munaf’s conviction has now been reversed, that has the potential to change the whole complexion of the two cases; now, both present a challenge to “pure” executive detention, without the wrinkle added by Munaf’s conviction (subsequent to the filing of his habeas petition). Indeed, Munaf’s almost becomes the stronger case, since his, unlike Omar’s, is not in the posture of a grant of a preliminary injunction…

Steve’s post is here, and the amicus brief he co-authored arguing that the federal courts have jurisdiction in both cases is here.