CAAF dismisses Gitmo detainees' petition for extraordinary relief

On 27 February 2008, counsel for several Guantanamo detainees filed a petition for a writ of mandamus at CAAF, seeking an order directing the United States to treat the detainees as POWs.

CAAF clearly has no jurisdiction to issue the requested writ. As the Supreme Court emphasized in Clinton v. Goldsmith, CAAF is authorized to issue writs only if they are "'in aid of' its strictly circumscribed jurisdiction to review court-martial findings and sentences under 10 U.S.C. § 867." Clinton v. Goldsmith, 526 U.S. 529, 531 (1999). Nevertheless, in a truly surprising move, CAAF issued a show cause order on 13 March 2008. In re Ali, __ M.J. ___, Misc. No. 08-8013/NA (C.A.A.F. Mar. 13, 2008).

Yesterday CAAF dismissed the petition, but not because it concluded it was without jurisdiction. Rather, "In view of the pending proceedings in other federal courts, and without deciding the question of jurisdiction, it is ordered that said petition is hereby dismissed without prejudice." Ali v. United States, __ M.J. ___, Misc. No. 08-8013/NA (C.A.A.F. May 21, 2008) (summary disposition).