DLA Piper prepared on a pro bono basis an amicus brief on behalf of the American Bar Association (ABA) in a case involving a Guantanamo Bay detainee who has been held without trial for more than 15 years.

Filed on May 31, the ABA amicus brief urges the United States Supreme Court to grant certiorari and review a decision that ruled that Abd al Rahim al-Nashiri was not entitled to federal habeas review even though, even today, a trial has still not been scheduled and an appeal may not be available until 2024. Because the alleged crimes of which he is accused took place in Yemen prior to the commencement of hostilities there by the United States, Al-Nashiri claims that a federal court should promptly decide whether a military commission has jurisdiction to try him at all.

"As the ABA amicus brief argues, detaining a defendant with essentially no judicial process for some 15 years threatens the rule of law and is incompatible with our constitutional commitments to rendering justice in a timely manner,” said Thiru Vignarajah, a partner in DLA Piper’s Baltimore office who led the drafting of the amicus brief. “If federal review is unavailable after this extraordinary length of pretrial detention and delay, it would amount to the longest known suspension of habeas corpus in American history."

In addition to Vignarajah, New York-based associates Adam Steene and Isha Mehmood supported the preparation of the amicus brief, which can be viewed here.

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