Comments on: Government seeks delay in Hamdan case http://www.scotusblog.com/2006/11/government-seeks-delay-in-hamdan-case/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Charles Gittings http://www.scotusblog.com/2006/11/government-seeks-delay-in-hamdan-case/#comment-10667 Charles Gittings Thu, 30 Nov 2006 17:49:34 +0000 http://www.scotusblog.com/wp/uncategorized/government-seeks-delay-in-hamdan-case/#comment-10667 One thing I noticed about this was that the Government made a false statement about the history of the case when they said: "In June 2006, this case was remanded to this Court following the Supreme Court’s decision in Hamdan v. Rumsfeld, 126 S. Ct. 2749 (2006)." But Hamdan was NOT remanded to the D.D.C. in June, it was remanded to the D.C. Cir., which then asked the parties to brief on the S. Ct. decision and remanded the case without comment to the D.D.C. on 9/22. And the timing was very interesting: 2006.09.21 - McCain & Warner Agree to "Compromise" Military Commission Act 2006.09.22 - USCA D.C. Cir. Remands Hamdan v. Rumsfeld to USDC D.D.C. 2006.09.29 - Congress Approves "Military Commission Act of 2006" [ see http://www.pegc.us/geneva_history.html#2006 for those dates ] The D.C. Circuit had to know the MCA was coming, and likely to pass, though the details as to habeas were still a bit in doubt (Specter had proposed an amendment on that). I've been wondering about the reasoning behind that decision ever since. One thing I noticed about this was that the Government made a false statement about the history of the case when they said:

“In June 2006, this case was remanded to this Court following the Supreme Court’s decision in Hamdan v. Rumsfeld, 126 S. Ct. 2749 (2006).”

But Hamdan was NOT remanded to the D.D.C. in June, it was remanded to the D.C. Cir., which then asked the parties to brief on the S. Ct.
decision and remanded the case without comment to the D.D.C. on 9/22.

And the timing was very interesting:

2006.09.21 – McCain & Warner Agree to “Compromise” Military Commission Act

2006.09.22 – USCA D.C. Cir. Remands Hamdan v. Rumsfeld to USDC D.D.C.

2006.09.29 – Congress Approves “Military Commission Act of 2006″

[ see http://www.pegc.us/geneva_history.html#2006 for those dates ]

The D.C. Circuit had to know the MCA was coming, and likely to pass, though the details as to habeas were still a bit in doubt (Specter had proposed an amendment on that). I’ve been wondering about the reasoning behind that decision ever since.

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