...But a new court challenge, brought by Kebriaei and her colleagues at the Center for Constitution Rights, could upend the status quo and signal the largest shift in U.S. military detention policies in years. They recently filed a case on behalf of 11 of the forever prisoners, and if they prevail it will almost certainly have ramifications for many of the remaining 41 detainees.
Al Hajj is one of the plaintiffs in the challenge, known as a habeas petition. “The basic argument is regardless of whether there was authority at one time to hold these individuals, at this point, over 15 years after the fact of their capture and initial detention, that authority has evaporated,” Kebriaei told me. “It’s as clear as it’s ever been that their detention is indefinite and perpetual, and that is unlawful and illegal under the domestic statute that authorizes their detention, the [Authorization for the Use of Military Force], and international law.”...