Hamdan v. Rumsfeld (again)

Well, it finally happened. The Guantanamo detainee, Hamdan, whose challnge to his detention and status ended up in this summer's Hamdan v. Rumsfeld decision, which in turn led to the MCA legislation that strips federal courts of habeas jurisdiction, had his habeas petition thrown out today for lack of subject matter jurisdiction.

(See order here from D.D.C.)

Interestingly, it does say that the MCA is an unconstitutional suspension of the Great Writ insofar as it extends to those entitled to the writ. But, as Hamdan is a non-resident captured outside of the United States, he is not entitled to habeas relief as a constitutional matter.

I don't think this is going to make us very popular with our foreign friends. If we catch you and throw you into Guantanamo (which was a deliberate attempt to escape the jurisdiction of the courts in the first place), and call you an unlawful detainee, you no longer have any recourse to our courts. Just these military commissions of dubious independence.