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Bringing Comfort To The Enemy: The Past, Present, And Future Of Habeas Corpus Petitions In Light Of The Formalistic Application Of Boumediene, E. Carlisle Overbey

Cornell International Law Journal

Such trials would hamper the war effort and bring aid and comfort to the enemy. effective fettering of a field commander than to allow the very enemies he is ordered to reduce to submission to call him to account in his own civil courts and divert his efforts and attention from the military offensive abroad to the legal defensive at home. Nor is it unlikely that the result of such enemy litigiousness would be a conflict between judicial and military opinion highly comforting to enemies of the United States.(1)