Abdah v. Bush
United States District Court for the District of Columbia
Case No. 04-1254 (2004)
- Written by Liz Nakamura, JD
Facts
Mahmoad Abdah (plaintiff), a Yemeni national, was detained by the United States (defendant) at Guantanamo Bay. After Abdah learned that the United States intended to transfer him to a foreign country for continued detention, Abdah filed petitioned for a temporary restraining order (TRO), arguing that the United States should be required to give Abdah 30 days’ notice prior to any transfer to afford Abdah the opportunity to challenge the transfer in court. The United States moved to dismiss, arguing that its decisions regarding the release of Guantanamo detainees should be left to the executive and should not be subject to judicial review. Pierre-Richard Prosper, the United States’ Ambassador-at-Large for War Crimes Issues, filed an affidavit-in-support of the United States’ motion to dismiss Abdah’s case. Ambassador Prosper supervised the Department of State Office of War Crimes Issues (State Department), which maintained diplomatic dialogues with foreign nations regarding Guantanamo detainees.
Rule of Law
Issue
Holding and Reasoning (Ambassador Prosper)
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