Over at Lawfare, Bobby Chesney and I have a long post outlining what we see as the next steps in the ACLU’s habeas petition on behalf of the still-unnamed U.S. citizen being held by the U.S. military as an “enemy combatant” in Iraq. As the post suggests, the real question now is whether the court will even get to the merits, or whether the government will be able to transfer the citizen to Saudi Arabia (of which he is a dual citizen) before those merits get litigated.
Stay tuned…