{
  "id": "RS22466",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RS22466",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 316481,
      "date": "2006-07-06",
      "retrieved": "2016-04-07T18:58:22.074029",
      "title": "Hamdan v. Rumsfeld: Military Commissions in the \"Global War on Terrorism\"",
      "summary": "The Supreme Court ruled 5-3 that President Bush's military order on the Detention, Treatment,\nand\nTrial of Certain Non-Citizens in the War Against Terrorism exceeded his authority. The Court found\nthat Congress did not strip the Court of jurisdiction to hear  Hamdan v. Rumsfeld  when\nit passed the\nDetainee Treatment Act of 2005 (title X of  P.L.109-148 ), which limited federal court jurisdiction\nover habeas corpus petitions from detainees held at the Guantanamo Bay detention facility. \nAlthough the Court did not dispute the President's authority to hold the petitioner as an \"enemy\ncombatant ... for the duration of hostilities,\" it found the military tribunals convened to try detainees\nfor violations of the law of war did not comply with the Uniform Code of Military Justice (UCMJ)\nor the law of war, as incorporated in the UCMJ and embodied in Common Article 3 of the Geneva\nConventions, which the Court held applicable to the armed conflict. The three dissenters argued that\nthe ruling would hamper the President's ability to fight terrorism. The majority left open the\npossibility that Congress could grant the necessary authority to create military commissions that\ndepart from the UCMJ. One new bill,  S. 3614 , addresses the issue.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
      "formats": [
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          "encoding": "utf-8",
          "url": "http://www.crs.gov/Reports/RS22466",
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          "filename": "files/20060706_RS22466_670fe94271100aa0c68231e0abe3c9af83563f2f.html",
          "images": null
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          "url": "http://www.crs.gov/Reports/pdf/RS22466",
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      ],
      "topics": []
    }
  ],
  "topics": [
    "Intelligence and National Security"
  ]
}