Judge Richard J. Leon
U.S. District Court Judge, Washington, D.C.
Guantanamo: Constitutional Challenges
Thursday, March 11, 2010
Stern Center, Great Room, 7:00 p.m.
* This event is part of the Clarke Forum’s series on Leadership in an Age of Uncertainty.
As the first federal judge to conduct habeas corpus proceedings to determine the lawfulness of the detention of the Guantanamo detainees, Judge Leon had to confront many practical and legal challenges as he tried to strike the proper balance between liberty and national security.
Topical Background
September 2001: Following the September 11 terrorist attacks, Congress passes The Authorization for Use of Military Force (AUMF)
This resolution grants the executive branch power to use all “necessary and appropriate force” against those associated with terrorism, particularly those related to the September 11 attacks.
January 2002: United States opens detainment facility at Guantanamo Bay
The Bush administration argues the camp falls outside of U.S. legal jurisdiction, and the detainees, known as “enemy combatants,” are not protected by the Geneva Convention.
June 2004: Supreme Court decides Rasul v. Bush
Supreme Court declares that habeas corpus rights (the right to claim wrongful imprisonment) apply to Guantanamo detainees because the United States has “complete jurisdiction” of Guantanamo Bay.
June 2004: Read more



















