Speech #1090176415

In June. the Supreme Court held in Hamdan that the DTA did not bar nearly 200 habeas corpus petitions and the other lawsuits by detainees pending on the date of enactment. despite clear statutory language and Supreme Court precedents to the contrary. This bill clarifies congressional intent to prohibit any habeas corpus petitions or other lawsuits pending on or filed after enactment brought by any alien in U.S. custody detained as an enemy combatant or awaiting such a determination. The Supreme Court has never. never held that the Constitutions protections. including habeas corpus. extend to noncitizens held outside the United States. In fact. the Supreme Court rejected such an argument in 1950 in the case of Johnson v. Eisentrager.