Urging a federal judge to order the immediate release of a young prisoner from Guantanamo Bay, his lawyers warned on Tuesday of a constitutional confrontation if the Obama Administration resists such an order.
In the new filing by attorneys for Mohammed Jawad, an Afghan national, they argued: "Any assertion by the Executive that this Court somehow lacks the power to order his release and return to Afghanistan would raise serious separation of powers concerns..." (The filing was accompanied by a declaration by a military lawyer for Jawad discussing the Afghan government's plan to arrange to pick up the prisoner at Guantanamo; that government has asked for his return.)
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