Guantanamo Detainee David Hicks filed a Motion to Enjoin his military commission proceedings, scheduled to begin in Guantanamo this Monday. In an 11 page Memorandum opinion, Judge Kollar-Kotelly denied his motion.
Hicks asked the court to enjoin all military commission proceedings until a determination was made by the U.S. District Court for the District of Columbia regarding his habeas challenges and challenges to the jurisdiction and procedures of the military commissions, at a minimum enjoining proceedings “until the Supreme Court decides whether to grant certiorari in Boumediene, in order to protect his asserted right to pre-trial review of those proceedings.” (memorandum opinion at 1)
The District Court concluded “…it lacks jurisdiction to entertain Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, and therefore is without authority to issue the injunction Petitioner seeks in his Motion to Enjoin.” (memorandum opinion at 2).
More to follow later, you can read the entire opinion here: (hicks-injunction-motion-denied.pdf ).