I will not give a long scholarly analysis. It is not my style.
The short and sweet version is that the Guantanamo prisoners have the right to ask the Federal Court in DC (which is where my clients' cases are filed) to rule on whether they are being properly held. This means the government is going to have to charge the men with something and explain why the men should continue to be held. This is difficult for the government because there is no rhyme or reason why many of the men (like Mr. Al-Ghizzawi) are being held.
I also filed an original habeas petition for Mr. Al-Ghizzawi last summer in the Supreme Court. That petition has been sitting quietly in the background all these months. This afternoon I asked the very nice clerk at the Supreme Court if there was any word on what will happen with that petition. I received a response a few hours ago telling me that the petition is set for the judges conference on June 19th and that an order will probably be entered on June 23rd.
In my dream of dreams the Supreme Court will rule on the petition and order that Mr. Al-Ghizzawi be set free... but my best guess is that the Court will send the petition back to the District Court for a prompt hearing.... prompt is not a word that is usually associated with anything gitmo, but I hope for the best. As Studs Terkel said "Hope dies last."
I am scheduled to visit with Mr. Al-Ghizzawi the week of July 14th.