1、1 Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism 1(a),66 Fed. Reg. 57,833 (Nov. 16, 2001) (hereinafter M.O.).2 542 U.S. 507 (2004).3 Hamdan v. Rumsfeld, No. 05-154, slip op. at 72 (U.S. June 29, 2006). Congressional Research Service The Library of CongressCRS Re
2、port for CongressReceived through the CRS WebOrder Code RS22466July 6, 2006Hamdan v. Rumsfeld: Military Commissions in the “Global War on Terrorism”name redactedLegislative AttorneyAmerican Law DivisionSummaryThe Supreme Court ruled 5-3 that President Bushs military order on the Detention,Treatment,
3、 and Trial of Certain Non-Citizens in the War Against Terrorism exceededhis authority. The Court found that Congress did not strip the Court of jurisdiction tohear Hamdan v. Rumsfeld when it passed the Detainee Treatment Act of 2005 (title Xof P.L.109-148), which limited federal court jurisdiction o
4、ver habeas corpus petitionsfrom detainees held at the Guantanamo Bay detention facility. Although the Court didnot dispute the Presidents authority to hold the petitioner as an “enemy combatant .for the duration of hostilities,” it found the military tribunals convened to try detaineesfor violations
