Due Process in American Military Tribunals After September 11, 2001

Shaw, Gary

Journal: Touro Law Review

Volume: 29

Year: 2012

Bluebook Citation: 29 TOURO L. REV. (2012)

Author: Gary M. Shaw: all 6 publications


Abstract

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"

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