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January 19, 2020

Note: Justice Talking's grant funding expired in 2008 and the project has been closed. This website is an archive of the entire run of Justice Talking shows through June 30, 2008.
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Featured Program

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Writ of Habeas Corpus in Wartime
Can Congress Suspend the Guarantee of Liberty?
Last Featured: 4/24/2006

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Note: Justice Talking ceased production on June 30 of 2008. Link information on this site is not maintained and is provided for historical interest only. Although correct when posted, The Annenberg Public Policy Center makes no claim as the the accuracy or continued availability of any third party web links found on this site.

In late March, the Supreme Court heard arguments in Hamdan v. Rumsfeld, in which Salim Ahmed Hamdan, a Yemeni national detained at Guantanamo Bay, has challenged the fairness and legitimacy of the military commissions set up by President Bush after 9/11. On this edition of Justice Talking, we’ll look at the larger questions raised by this case including the ability of Congress to suspend the writ of habeas corpus during wartime. Can Congress deny prisoners the right to challenge their detentions as unlawful in federal court?

Interview with Lyle Denniston
Host Margot Adler talks with journalist and law professor Lyle Denniston about the Hamdan v. Rumsfeld case recently argued before the Supreme Court.

A veteran Supreme Court reporter, Lyle Denniston has covered one of every four justices ever to sit on the Court. He is currently covering the Court for the Web log known as “SCOTUSblog” and for radio station WBUR in Boston. He is the author of The Reporter and The Law: Techniques of Covering the Courts. A member of the Hall of Fame of the Society of Professional Journalists, Denniston is also an adjunct faculty member for the Massachusetts School of Law at Andover.

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Interview with Jonathan Hafetz
Host Margot Adler talks with legal historian Johathan Hafetz about the origins of the writ of habeas corpus and its importance in American jurisprudence.

Jonathan Hafetz is associate counsel at the Brennan Center for Justice at NYU School of Law. He is an expert on the history of habeas corpus. His articles and legal briefs on habeas corpus are widely cited by scholars and courts, including the U.S. Supreme Court. Mr. Hafetz's legal practice focuses on the detention of enemy combatants and other issues of executive power.

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Debate on the Issue
Two constitutional lawyers, Peter Rubin and Jack Einwechter, debate the applicability of the writ of habeas corpus to court challenges by enemy combatants to their detention at Guantanamo and other U.S. military facilities.

Peter J. Rubin is a professor of law at Georgetown University with an expertise in constitutional law. He served as an editor of the Harvard Law Review and clerked for Justice David H. Souter of the United States Supreme Court. Professor Rubin's recent writing includes Reconnecting Doctrine and Purpose: A Comprehensive Approach to Strict Scrutiny After Adarand and Shaw, published in the University of Pennsylvania Law Review, and Equal Rights, Special Rights, and the Nature of Antidiscrimination Law, published in the Michigan Law Review. In 2000, Rubin served as counsel to Vice President Gore before the U.S. Supreme Court in the two Florida election cases, Bush v. Palm Beach County Canvassing Board and Bush v. Gore. Professor Rubin is also the founder of the American Constitution Society for Law and Policy.

John P. (Jack) Einwechter focuses his practice on government affairs, with emphasis on defense and homeland security issues. He served 21 years as a lawyer and military intelligence officer in the United States Army, where he specialized in criminal and administrative law, war crimes prosecution, congressional liaison, and international law. As senior legislative counsel for the Department of the Army, Einwechter represented the Army on numerous high-profile investigations, policy and regulatory matters, and legislative initiatives. He serves as Washington counsel to clients with issues before the U.S. Congress, particularly where congressional investigations and committee hearings are involved. He also counsels clients on matters involving government ethics and corporate political activity.

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Interview with David Luban
Host Margot Adler discusses judicial ethics with legal scholar and philosopher David Luban.

David Luban is the Frederick Haas Professor of Law and Philosophy at Georgetown University Law Center. He is the recipient of numerous awards, including the Guggenheim and Woodrow Wilson fellowships, the New York State Bar's Sanford D. Levy Professional Ethics Award, and the American Bar Foundation's Keck Award for Distinguished Scholarship on Legal Ethics and Professional Responsibility. His books include Legal Modernism, Lawyers and Justice: An Ethical Study and Legal Ethics (co-authored with Deborah L. Rhode, 4th ed. 2004). In addition, he has published 150 articles on legal and philosophical topics, and delivered more than 150 talks and lectures to academic, legal, and general audiences.

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Hamdan v. Rumsfeld
On March 28, 2006, the U.S. Supreme Court heard arguments in the Habeas Corpus case of Hamdan v. Rumsfeld discussed in this week's show. As a courtesy to our listeners, we provide the full argument as recorded on March 28 at the Supreme Court.

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Special Announcements
Justice Talking’s last broadcast & podcast was June 30, 2008.
Federa Habeas Corpus Overview
U.S. Department of Justice - Opposition to Hamdan v. Rumsfeld
Council on Foreign Relations - on Enemy Combatants
NPR - Who is an Enemy Combatant?
Guantanamo Detainees: Habeas Corpus Challenges in Federal Court (PDF)
American Bar Association - Letter to the U.S. Senate (PDF)
America on Trial: Inside the Legal Battles That Transformed Our Nation--From the Salem Witches to the Guantanamo Detainees
by Alan M. Dershowitz
America's Disappeared: Secret Imprisonment, Detainees, and the "War on Terror"
by Barbara Olshansky, Michael Ratner, Rachel Meeropol
Precise of the Laws of Armed Conflicts
by Louis-Philippe F. Rouillard
On the Docket
Highlights of the Supreme Court Term
Presidential Signing Statements