Reviews for The Challenge: Hamdan v. Rumsfeld and the Fight over Presidential Power

The average rating for The Challenge: Hamdan v. Rumsfeld and the Fight over Presidential Power based on 2 reviews is 4 stars.

Review # 1 was written on 2011-12-09 00:00:00 Jocelyn Gagnon Today, I went to a CLE put on by the Washington Courts Historical Society in the courtroom of the Temple of Justice. The first afternoon speaker was Captain David C. Iglesias, who is currently prosecuting terrorism suspects in front of military commissions in Guantanamo (and may or may not be the inspiration for Tom Cruise's character on A Few Good Men, was fired from his job as US Attorney by the Bush Administration probably because he refused to do politically motivated prosecutions). The second was Admiral Bruce MacDonald (who is currently tasked with deciding whether al-Nashiri, among others, will be prosecuted in Guantanamo). He had me at his condemnation of the first few Military Commission Orders: "Statements taken under torture were allowed to be used. Shameful. Shameful." Finally, Harry Schneider and Joseph McMillan; major players in this book. Harry let the volunteer coordinator at Perkins Coie know he was ready for a case. This case was offered. "I said exactly what any of you would say when asked if we would sue the President of the United States and the Secretary of the Defense Department on behalf of bin Laden's driver. 'I have to run a conflicts' check."' Anyhoo, I read this book several years ago, before I was posting reviews to Goodreads. But now that I know that George Clooney has bought the rights and MATT DAMON is attached to play JAG attorney Charlie Swift WHO I HAVE MET SEVERAL TIMES AND WAS STUDY BUDDIES WITH SOMEONE I ADORE, I dug it up. This book was a delight on a lot of levels. The case feels good; feels like the vindication of the rule of law over power. And the general rule that congress can't accidentally suspend habeas. It takes a hard look at that case as it developed. From the assignment of Swift to represented Hamdan (Harry Schneider said "It was a good day for Hamdan, and a good day for the United States, when Charlie Swift was appointed), to Neil Katyal's decision to volunteer to help, to the decision to get it started in front of Judge Lasnik, to the Perkins Coie lawyers who made that happen, to the transfer, to the new trial judge's outrage that Hamdan could be excluded from his own trial to their loss at the DC circuit to their ultimate, moderated, victory'great stuff. Definitely has a point of view. The government's side is simply not there. I feel awkward about that. It's not a hagiography. Katyal comes off as cold; Swift as erratic. I wanted him to be more perfect. Darn humanity. But that said, it made me feel good to be a lawyer, and to share a law school and friends with Charlie Swift. I loved that Katyal engineered a public relations blitz that may have tipped the court into taking the case. I adore that Katyal saw V for Vendatta right before making the argument. That's one fraught film to insert into this story; the heroic story of a terrorist who tortures his only friend and kills himself bringing down a fascist government. One of the most gripping moments is the British Army deciding not to shoot British citizens. Katyal singing the theme from Mister Rogers Neighborhood in the Supreme Court's lawyer's lounge bathroom. Huh. Also fraught; FOX news called that show out as evil recently. Teaching socialist values or something. During the Supreme Court argument, Justice Stevens asked point blank if Congress had suspended habeas corpus or not. "I think both," the government's attorney said. "It can't be both," Justice Stevens snapped back. 273. That's wonderful. At the CLE today, Harry and Joe put up a transcript of Justice Souter asking if Congress could repeal habeas by implication. My head. It shakes. A good book. Absolutely worth the time. As was the CLE today. TVW recorded it. Everyone should watch it. Once it's available. I couldn't find it tonight. Though I did find a great video of people I know dressed in period costume acting out a 19th century case on women's right to sit on juries.

Review # 2 was written on 2013-11-08 00:00:00 Charles Lewis My kind of book - the legal twists and turns of a momentous case, the political forces knocking things off track and on again, and the personal backgrounds and foibles of the folks involved, both voluntarily and involuntarily. This is the kind of book I would have really enjoyed before I went to law school - it's a fascinating look behind the scenes of one of the first big cases resulting from the military commissions set up for "enemy combatants" held at Guantanamo Bay. Mahler does a solid job of explaining the obscure legal concepts that come up in a way that I think is accessible to non-lawyers (although it's harder and harder for me to tell - egad), and also spends plenty of time on the personal narratives of Salim Hamdan, the detainee, Charlie Swift, his JAG-assigned attorney, and Neal Katyal, a Georgetown professor (now deputy solicitor general) who volunteers to wade into the case.