Roderick MacArthur Justice Center

OVERSEAS DETENTION OF U.S. CITIZENS

Justice Center Attorney Argues Detention Cases Before the Supreme Court

The Supreme Court recently reviewed two cases that ask whether U.S. citizens detained by the U.S. military at a U.S. prison in Iraq can challenge their detention in federal court. Roderick MacArthur Justice Center Attorney Joseph Margulies represents Mohammad Munaf and Shawqi Omar, who have been held by the United States at Camp Cropper for years without judicial review.

The U.S. government claims the U.S. courts have no power or authority because the U.S. military in Iraq is part of the “Multi-National Force-Iraq,” which was created by the UN Security Council, and which, according to the government, places U.S. soldiers beyond judicial review.

"The suggestion that a U.S. citizen can be detained indefinitely by U.S. soldiers at a U.S. prison with no access to a U.S. court is chilling," said Margulies.

To learn more about Shawqi Omar’s case, download:

Petition for Writ of Certiorari in Geren v. Omar, filed by United States

Opposition to Petition for Writ of Certiorari in Geren v. Omar, filed by MacArthur Justice Center and co-counsel

Underlying Decision of the D.C. Circuit in Omar v. Harvey

To learn more about Mohammad Munaf’s case, download:

Petition for Writ of Certiorari, filed by MJC and co-counsel

Brief for the United States in Response to Petition for Writ of Certiorari, filed by United States

Underlying Decision in the D.C. Circuit in Munaf v. Geren

To read about the Supreme Court case, download:

Order from Supreme Court granting certiorari in both cases and consolidating for oral argument.

Merits Brief for the Government, filed by the United States

Merits Brief for Omar and Munaf, filed by the Justice Center and co-counsel