Tournament: UGA | Round: 2 | Opponent: Liberty BM | Judge: Kirk Gibson
Ending indefinite detention gives Obama PC for other battles
Klaidman 12/12 (Daniel, Congress Cooperates, Obama Pushes Hard, and Closing Gitmo Has a Chancehttp://www.thedailybeast.com/articles/2013/12/12/congress-cooperates-obama-pushes-hard-and-closing-gitmo-has-a-chance.html)

Are we closer to closing Guantanamo? It’s …. of the highest priorities of his second term.

Winners win on detention issues
Klaidman 12/12 (Daniel, Congress Cooperates, Obama Pushes Hard, and Closing Gitmo Has a Chancehttp://www.thedailybeast.com/articles/2013/12/12/congress-cooperates-obama-pushes-hard-and-closing-gitmo-has-a-chance.html)

The real test of Obama’s legislative muscle came in … the rarest of things for this White House: a victory on Guantanamo. 

Only a risk of a link turn- Obama’s spent PC on Gitmo for months
Klaidman 12/12 (Daniel, Congress Cooperates, Obama Pushes Hard, and Closing Gitmo Has a Chancehttp://www.thedailybeast.com/articles/2013/12/12/congress-cooperates-obama-pushes-hard-and-closing-gitmo-has-a-chance.html)

But it wasn’t until last spring that Obama’s desire to …was develop a timeline of goals and objectives that he could measure progress against.

Tournament: UGA | Round: 6 | Opponent: Emory CS | Judge: Mendenhall
Advantage two is US-Europe relations

Indefinite detention risks outright collapse of US-EU joint counterterrorism operations
Archick 13 (Kristin- US government based Specialist in European Affairs providing a congressional report on US-EU counter-terrorism cooperation, May 21, “U.S.-EU Cooperation Against Terrorism”, http://www.fas.org/sgp/crs/row/RS22030.pdf)
U.S. and European officials alike maintain that the … intelligence cooperation against terrorism at risk.49

Only guaranteeing civilian criminal proceedings relieves EU backlash
Oona Hathaway et al, Professor, International Law, Yale Law School, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts and Sirine Shebaya, “The Power to Detain: Detention of Terrorism Suspects after 9/11,” YALE JOURNAL OF INTERNATIONAL LAW v. 38, Winter 2013, p. 161-167.

3. Strategic Advantages There is clear evidence that ….cooperation, such as the sharing of testimony and evidence.

Failure to end indefinite detention spills over to other issues- ends cooperation on energy security and regional crises
Smith 7 (JULIANNE, DIRECTOR AND SENIOR ¶ FELLOW, EUROPE PROGRAM, CENTER FOR STRATEGIC AND ¶ INTERNATIONAL STUDIES, April 17, “EXTRAORDINARY RENDITION IN U.S.¶ COUNTERTERRORISM POLICY: THE IMPACT ON¶ TRANSATLANTIC RELATIONS”, http://archives.republicans.foreignaffairs.house.gov/110/34712.pdf)
As a European analyst, who spends a considerable amount of ¶ time … and divisions over strategy and tactics.

EU security cooperation is a conflict filter- periods of declining relations cause multiple nuclear conflicts
-terror
-NK and Iran nuclearization
-prolif
-Russia’s transition into international sphere
-China Rise
-Integrating the economies in the Caucasian and Central Asian States
-Balkan Stability
-Middle East Stability
-Poverty
-Climate Change
-AIDS
Stivachtis 10 (Dr. Yannis- Director of International Studies Program @ Virginia Polytechnic Institute  Professor of Poli Sci @ Virginia Polytechnic Institute and Ph.D. in Politics and International Relations from Lancaster University, THE IMPERATIVE FOR TRANSATLANTIC COOPERATION,” http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/78.html)
There is no doubt that US-European relations are in a …international order does not obviate the need to act decisively against those who do not share that vision. 

Relations key to effective EU Navy- solves laundry list of hotspot escalation
Seidler ’14 ( Journalist for the Institute for Security Studies Kiel, Member of the German Council on Foreign Relations , the German Atlantic Association , Berlin Working Group Security Policy and the Center for International Maritime Security, “What Should be in EU's New Maritime Security Strategy”, http://www.seidlers-sicherheitspolitik.net/2014/01/emss.html, January 7, 2014)

What Should be in EU's New Maritime Security Strategy Maritime great power …will not be taken serious and the EMSS can just be dumped in the bin.

Relations key to solve the environment
Vig and Faure ‘4 (Norman J. Vig and Michael G. Faure, professor of science, technology and society at Carleton College, Minnesota and professor of comparative and international environmental law at Maastricht U, the Netherlands, Green Giants? Environmental Policies of the United States and the European Union, 2004)

This book stems from our concern that the …to pursue sustainable development policies in the future.

Ecosystem collapse risks extinction
Coyne and Hoekstra ‘7 (Jerry and Hopi, *professor in the Department of Ecology and Evolution at the University of Chicago AND Associate Professor in the Department of Organismic and Evolutionary Biology at Harvard University, New Republic, “The Greatest Dying,” 9/24, http://www.truthout.org/article/jerry-coyne-and-hopi-e-hoekstra-the-greatest-dying, September 24, 2007)

But it isn't just the destruction of the rainforests … perhaps the greatest dying of them all.

Multiple countries have withheld intelligence as a result of indefinite detention- hamstrings NATO operations
Parker 12 Tom Parker, formerly policy director for Terrorism, Counterterrorism and Human Rights at Amnesty International USA. He is also a former officer in the British Security Service, “U.S. Tactics Threaten NATO” 9-17-12, http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461

Attitudes across the Atlantic are hardening fast. This isn’t knee… has to give—and it may just be the Atlantic alliance.

NATO effectiveness is critical to prevent global deterrence breakdowns- those escalate and go nuclear
Bordachev 13 (Timofei Bordachev, Doctor of Political Science, is the Director of the Center for Comprehensive International and European Studies at the Higher School of Economics. The Reason to Be: NATO’s New Life in the 21st Century http://eng.globalaffairs.ru/number/The-Reason-to-Be-16160)

Simultaneously, the world is witnessing a growing …, the last peacetime military alliance, has very promising prospects.

Tournament: Harvard | Round: 1 | Opponent: Georgetown AM | Judge: Whit Whitmore
1AC Afghanistan
Advantage 1 is Afghanistan
Afghanistan will implement indefinite detention policies- their judiciary is modeled on the United States
Rodgers 12 (Chris Rogers is a human rights lawyer for the Open Society Foundations specializing in human rights and conflict in Afghanistan and Pakistan, May 14, “Karzaiand#39;s bid for a dictatorial detention law”, http://afpak.foreignpolicy.com/posts/2012/05/14/karzais_bid_for_a_dictatorial_detention_law)

As part of the agreement to transfer control of Bagram, the Afghan … promise of responsibly ending the war in Afghanistan requires defending, not betraying this principle.

Indefinite detention erodes faith in the rule of law and ruins the Afghan judiciary
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)

U.S. detention policy has frequently been cited by … issues should be clarified before the transition in 2011. 

Starting with US policy is key- perception of hypocrisy replicates indefinite detention
Eviatar 12 (Daphne Eviatar  Law and Security Program Human Rights First, 1-9, “The Latest Skirmish in Afghanistan: Hate to Say We Told You So”, http://www.humanrightsfirst.org/2012/01/09/the-latest-skirmish-in-afghanistan-hate-to-say-we-told-you-so/)

Responsibility begins with due process.  As we wrote … the thousands of prisoners in its custody.

Strong Afghan judiciary key to post-drawdown strategy
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)

A substantial course correction is needed to … and adheres to international law.

That’s key to long-term stability
The Nation 9 (Nov. 11, 2009, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/International/11-Nov-2009/UN-body-urges-Karzai-to-fight-corruption)
… institutions at the central and subnational levels.

Post-drawdown Afghan state collapse leads to nuclear war
Cronin 13 (Audrey Kurth Cronin is Professor of Public Policy at George Mason University and author of How Terrorism Ends and Great Power Politics and the Struggle over Austria. Thinking Long on Afghanistan: Could it be Neutralized? Center for Strategic and International Studies The Washington Quarterly • 36:1 pp. 55_72 http://dx.doi.org/10.1080/0163660X.2013.751650)

With ISAF withdrawal inevitable, a ….except this time the outcome could be not just terrorism but nuclear war.

Multiple scenarios for escalation
Rubin, 11 (Joel, Director of Policy and Government Affairs, Ploughshares Fund, former congressional aide and diplomat, fellow at the State Department in both Near Eastern Affairs and Political-Military Affairs, Master’s degree in Public Policy and Business Administration from Carnegie Mellon University and a Bachelor’s degree in Politics from Brandeis University, Huffington Post, 77/2011, http://www.huffingtonpost.com/joel-rubin/middle-east-nuclear-threat_b_891178.html)
The national security calculus of keeping U.S. forces in … the deep strategic insecurities of a region that has the greatest risk of arms races and nuclear conflict in the world.

1AC Abstention
Advantage 2 is Abstention
Failure of the Supreme Court to substantively rule on detention authority causes judicial abstention on national security issues
Vaughns 13 (B.A. (Political Science), J.D., University of California, Berkeley, School of Law. Professor of Law, University of Maryland Francis King Carey School of Law.Of Civil Wrongs and Rights: Kiyemba v. Obama and the Meaning of Freedom, Separation of Powers, and the Rule of Law Ten Years After 9/11 ASIAN AMERICAN LAW JOURNAL Volume 20:7)

After being reversed three times in a row in … purpose. But, for the moment, I must consider the external influences on the court that resulted in that feeling of judicial futility.

Ruling on the Suspension clause gives a clear source of judicial review in military decisions- ensures precedent-setting
Garrett 12 (Brandon, Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia School of Law. HABEAS CORPUS AND DUE PROCESSCORNELL LAW REVIEW Vol. 98:47 page lexis)

The relationship between the Suspension …confusion as to which sources to rely on.34 This Article tries to untangle this important knot.

Judicial abstention props up military adventurism and illegal arms sales
Scales and Spitz 12 (Ann Scales, prof at U Denver law school. Laura Spitz, prof at U Colorado Law School. The Jurisprudence of the Military-Industrial ComplexSeattle Journal for Social Justice Volume 1 | Issue 3 Article 51 10-11-2012)

First, our nation’s history and legitimacy rest … use of nuclear weapons—are always on the table.

Presidential adventurism causes nuclear war
Symonds 4-5-13 Peter, leading staff writer for the World Socialist Web Site and a member of its International Editorial Board. He has written extensively on Middle Eastern and Asian politics, contributing articles on developments in a wide range of countries, “Obama’s “playbook” and the threat of nuclear war in Asia,” http://www.wsws.org/en/articles/2013/04/05/pers-a05.html

The Obama administration has engaged in reckless …China head to head in a catastrophic nuclear conflict.

Arms sales increase the probability of regional conflict and leads to US-Russia escalation
Klare 13 (Michael Klare is a professor of peace and world security studies at Hampshire College The Booming Global Arms Trade Is Creating a New Cold War http://www.motherjones.com/politics/2013/05/global-arms-trade-new-cold-war)

These are just some examples of recent arms …example of the old saw: that those who donand#39;t learn from history are destined to repeat it?

US-Russia miscalculation causes extinction
Barrett et al. 1/6 (Anthony M. Barrett- Global Catastrophic Risk Institute, Seth D. Baum- Center for Research on Environmental Decisions, Columbia University, Kelly R. Hostetler- Department of Geography, Pennsylvania State University, 2013, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia”, http://sethbaum.com/ac/fc_NuclearWar.pdf)
War involving significant fractions of the … one or both nations more likely to misinterpret events as attacks. 60,61,62,63

Arms sales rapidly escalate Middle East war
Cunningham 12 (Erin, Erin Cunningham is GlobalPost’s editor for the Middle East, Africa, Afghanistan and Pakistan. Erin has reported from the Middle East, South Asia and the Balkans for five years, covering Kosovoand#39;s independence, the military surge in Afghanistan, protests in Cairoand#39;s Tahrir Square, the first democratic elections in Tunisia, and Israeli military operations in Gaza. Small arms fuel Middle East conflicts http://www.globalpost.com/dispatch/news/regions/middle-east/121128/small-arms-middle-east-conflict-weapons)

From Libya to Syria, Yemen and the Gaza Strip, everything … increases perceptions of insecurity — and intensifies violence.

Middle East wars cause extinction
Russell, 9 (James A. Russell, Senior Lecturer, National Security Affairs, Naval Postgraduate School, ‘9 (Spring)
“Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East” IFRI, Proliferation Papers, #26, http://www…. of the region, with substantial risk for the entire world.

They also collapses Southeast Asian stability
Hasan 13 (Ramadansyah, PhD student, University of Waikato. Controlling the Circulation of Small Arms in International Law http://researchcommons.waikato.ac.nz/bitstream/handle/10289/7500/thesis.pdf?sequence=3)

In a region where government and … particularly true in the case of Africa and to a certain degree, in South America and Southeast Asia.
Southeast Asian conflict causes nuclear war
Fisher 11 (Max, Associate Editor at the Atlantic, Editor of the International Channel, “5 Most Likely Ways the US and China Could Spark Accidental Nuclear War”)
5) Southeast Asia conflict escalates. Vietnam, … Japan salute as they begin joint military exercises.

1AC Plan Text
The United States federal judiciary should apply a clear statement principle to the statutorily defined indefinite detention war powers authority of the President of the United States on the grounds that executive indefinite detention violates the Suspension Clause.
1AC Solvency
Last is Solvency
Applying a clear statement principle solves- significantly restricts detention authority
Sarah Erickson-Muschko (J.D., Georgetown University Law Center) June 2013 “Beyond Individual Status: The Clear Statement Rule and the Scope of the AUMF Detention Authority in the United States” 101 Geo. L.J. 1399, Lexis
III. EXISTING SCHOLARSHIP ON THE CLEAR STATEMENT RULE: THE FOCUS ON INDIVIDUAL STATUS

Many scholars have advanced arguments regarding …of the Constitution and laws.and#34; 168

Detention policy is incomprehensible in the status quo- only Supreme Court rulings send a clear judicial review test for lower court judges and spills over to effective Congressional policy
Garrett 12 (Brandon, Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia School of Law. HABEAS CORPUS AND DUE PROCESSCORNELL LAW REVIEW Vol. 98:47 page lexis)

The Suspension Clause casts a broad … Clause problems, with mixed results.

Failing to articulate habeas standards for lower court judges makes indefinite detention inevitable and triggers your disads
Sparrow 11 (Indefinite Detention After Boumediene: Judicial Trailblazing in Uncharted and Unfamiliar Territory SUFFOLK UNIVERSITY LAW REVIEW Vol. XLIV:261 p lexis Tyler Sparrow is an associate in the Securities Department, and a member of the Litigation and Enforcement Practice Group

This section will argue that the current guidance on …made under coercion.114

Tournament: GSU | Round: 2 | Opponent: UMich AP | Judge: Bruce Jajor
1AC Afghanistan
Advantage 1 is Afghanistan
Afghanistan will implement indefinite detention policies- their judiciary is modeled on the United States
Rodgers 12 (Chris Rogers is a human rights lawyer for the Open Society Foundations specializing in human rights and conflict in Afghanistan and Pakistan, May 14, “Karzaiand#39;s bid for a dictatorial detention law”, http://afpak.foreignpolicy.com/posts/2012/05/14/karzais_bid_for_a_dictatorial_detention_law)

As part of the agreement to transfer control of Bagram, the Afghan … promise of responsibly ending the war in Afghanistan requires defending, not betraying this principle.

Indefinite detention erodes faith in the rule of law and ruins the Afghan judiciary
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)

U.S. detention policy has frequently been cited by … issues should be clarified before the transition in 2011. 

Starting with US policy is key- perception of hypocrisy replicates indefinite detention
Eviatar 12 (Daphne Eviatar  Law and Security Program Human Rights First, 1-9, “The Latest Skirmish in Afghanistan: Hate to Say We Told You So”, http://www.humanrightsfirst.org/2012/01/09/the-latest-skirmish-in-afghanistan-hate-to-say-we-told-you-so/)

Responsibility begins with due process.  As we wrote … the thousands of prisoners in its custody.

Strong Afghan judiciary key to post-drawdown strategy
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)

A substantial course correction is needed to … and adheres to international law.

That’s key to long-term stability
The Nation 9 (Nov. 11, 2009, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/International/11-Nov-2009/UN-body-urges-Karzai-to-fight-corruption)
… institutions at the central and subnational levels.

Post-drawdown Afghan state collapse leads to nuclear war
Cronin 13 (Audrey Kurth Cronin is Professor of Public Policy at George Mason University and author of How Terrorism Ends and Great Power Politics and the Struggle over Austria. Thinking Long on Afghanistan: Could it be Neutralized? Center for Strategic and International Studies The Washington Quarterly • 36:1 pp. 55_72 http://dx.doi.org/10.1080/0163660X.2013.751650)

With ISAF withdrawal inevitable, a ….except this time the outcome could be not just terrorism but nuclear war.

Multiple scenarios for escalation
Rubin, 11 (Joel, Director of Policy and Government Affairs, Ploughshares Fund, former congressional aide and diplomat, fellow at the State Department in both Near Eastern Affairs and Political-Military Affairs, Master’s degree in Public Policy and Business Administration from Carnegie Mellon University and a Bachelor’s degree in Politics from Brandeis University, Huffington Post, 77/2011, http://www.huffingtonpost.com/joel-rubin/middle-east-nuclear-threat_b_891178.html)
The national security calculus of keeping U.S. forces in … the deep strategic insecurities of a region that has the greatest risk of arms races and nuclear conflict in the world.

1AC Abstention
Advantage 2 is Abstention
Failure of the Supreme Court to substantively rule on detention authority causes judicial abstention on national security issues
Vaughns 13 (B.A. (Political Science), J.D., University of California, Berkeley, School of Law. Professor of Law, University of Maryland Francis King Carey School of Law.Of Civil Wrongs and Rights: Kiyemba v. Obama and the Meaning of Freedom, Separation of Powers, and the Rule of Law Ten Years After 9/11 ASIAN AMERICAN LAW JOURNAL Volume 20:7)

After being reversed three times in a row in … purpose. But, for the moment, I must consider the external influences on the court that resulted in that feeling of judicial futility.

Ruling on the Suspension clause gives a clear source of judicial review in military decisions- ensures precedent-setting
Garrett 12 (Brandon, Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia School of Law. HABEAS CORPUS AND DUE PROCESSCORNELL LAW REVIEW Vol. 98:47 page lexis)

The relationship between the Suspension …confusion as to which sources to rely on.34 This Article tries to untangle this important knot.

Judicial abstention props up military adventurism and illegal arms sales
Scales and Spitz 12 (Ann Scales, prof at U Denver law school. Laura Spitz, prof at U Colorado Law School. The Jurisprudence of the Military-Industrial ComplexSeattle Journal for Social Justice Volume 1 | Issue 3 Article 51 10-11-2012)

First, our nation’s history and legitimacy rest … use of nuclear weapons—are always on the table.

Presidential adventurism causes nuclear war
Symonds 4-5-13 Peter, leading staff writer for the World Socialist Web Site and a member of its International Editorial Board. He has written extensively on Middle Eastern and Asian politics, contributing articles on developments in a wide range of countries, “Obama’s “playbook” and the threat of nuclear war in Asia,” http://www.wsws.org/en/articles/2013/04/05/pers-a05.html

The Obama administration has engaged in reckless …China head to head in a catastrophic nuclear conflict.

Arms sales increase the probability of regional conflict and leads to US-Russia-China escalation
Klare 13 (Michael Klare is a professor of peace and world security studies at Hampshire College The Booming Global Arms Trade Is Creating a New Cold War http://www.motherjones.com/politics/2013/05/global-arms-trade-new-cold-war)

These are just some examples of recent arms …example of the old saw: that those who donand#39;t learn from history are destined to repeat it?

US-Russia miscalculation causes extinction
Barrett et al. 1/6 (Anthony M. Barrett- Global Catastrophic Risk Institute, Seth D. Baum- Center for Research on Environmental Decisions, Columbia University, Kelly R. Hostetler- Department of Geography, Pennsylvania State University, 2013, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia”, http://sethbaum.com/ac/fc_NuclearWar.pdf)
War involving significant fractions of the … one or both nations more likely to misinterpret events as attacks. 60,61,62,63

Nuclear conflict with China is an EXISTENTIAL risk – causes nuclear winter
Wittner 11 (11/30/11 Dr. Lawrence, Prof of History Emeritus at SUNY Albany, “Is a Nuclear War with China Possible?”)
But what would that and#34;victoryand#34; entail? An attack with these … production facilities over the next decade. 

Arms sales rapidly escalate Middle East war
Cunningham 12 (Erin, Erin Cunningham is GlobalPost’s editor for the Middle East, Africa, Afghanistan and Pakistan. Erin has reported from the Middle East, South Asia and the Balkans for five years, covering Kosovoand#39;s independence, the military surge in Afghanistan, protests in Cairoand#39;s Tahrir Square, the first democratic elections in Tunisia, and Israeli military operations in Gaza. Small arms fuel Middle East conflicts http://www.globalpost.com/dispatch/news/regions/middle-east/121128/small-arms-middle-east-conflict-weapons)

From Libya to Syria, Yemen and the Gaza Strip, everything … increases perceptions of insecurity — and intensifies violence.

Middle East wars cause extinction
Russell, 9 (James A. Russell, Senior Lecturer, National Security Affairs, Naval Postgraduate School, ‘9 (Spring)
“Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East” IFRI, Proliferation Papers, #26, http://www…. of the region, with substantial risk for the entire world.
1AC Plan Text
The United States federal judiciary should apply a clear statement principle to the statutorily defined indefinite detention war powers authority of the President of the United States on the grounds that executive indefinite detention violates the Suspension Clause.
1AC Solvency
Last is Solvency
Applying a clear statement principle solves- significantly restricts detention authority
Sarah Erickson-Muschko (J.D., Georgetown University Law Center) June 2013 “Beyond Individual Status: The Clear Statement Rule and the Scope of the AUMF Detention Authority in the United States” 101 Geo. L.J. 1399, Lexis
III. EXISTING SCHOLARSHIP ON THE CLEAR STATEMENT RULE: THE FOCUS ON INDIVIDUAL STATUS

Many scholars have advanced arguments regarding …of the Constitution and laws.and#34; 168

Detention policy is incomprehensible in the status quo- only Supreme Court rulings send a clear judicial review test for lower court judges and spills over to effective Congressional policy
Garrett 12 (Brandon, Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia School of Law. HABEAS CORPUS AND DUE PROCESSCORNELL LAW REVIEW Vol. 98:47 page lexis)

The Suspension Clause casts a broad … Clause problems, with mixed results.

Failing to articulate habeas standards for lower court judges makes indefinite detention inevitable and triggers your disads
Sparrow 11 (Indefinite Detention After Boumediene: Judicial Trailblazing in Uncharted and Unfamiliar Territory SUFFOLK UNIVERSITY LAW REVIEW Vol. XLIV:261 p lexis Tyler Sparrow is an associate in the Securities Department, and a member of the Litigation and Enforcement Practice Group

This section will argue that the current guidance on …made under coercion.114

Tournament: Harvard | Round: 6 | Opponent: MSU RT | Judge: Jonathan Paul
1AC Abstention
Advantage 1 is Abstention
Failure of the Supreme Court to substantively rule on detention authority causes judicial abstention on national security issues
Vaughns 13 (B.A. (Political Science), J.D., University of California, Berkeley, School of Law. Professor of Law, University of Maryland Francis King Carey School of Law.Of Civil Wrongs and Rights: Kiyemba v. Obama and the Meaning of Freedom, Separation of Powers, and the Rule of Law Ten Years After 9/11 ASIAN AMERICAN LAW JOURNAL Volume 20:7)

After being reversed three times in a row in Rasul, Hamdan, and then … a valuable purpose. But, for the moment, I must consider the external influences on the court that resulted in that feeling of judicial futility.

Ruling on the Suspension clause gives a clear source of judicial review in military decisions- ensures precedent-setting
Garrett 12 (Brandon, Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia School of Law. HABEAS CORPUS AND DUE PROCESSCORNELL LAW REVIEW Vol. 98:47 page lexis)

The relationship between the Suspension Clause and the Due …confusion as to which sources to rely on.34 This Article tries to untangle this important knot.

Judicial abstention props up military adventurism and illegal arms sales
Scales and Spitz 12 (Ann Scales, prof at U Denver law school. Laura Spitz, prof at U Colorado Law School. The Jurisprudence of the Military-Industrial ComplexSeattle Journal for Social Justice Volume 1 | Issue 3 Article 51 10-11-2012)

First, our nation’s history and legitimacy rest upon a … the use of nuclear weapons—are always on the table.

Presidential adventurism causes nuclear war
Symonds 4-5-13 Peter, leading staff writer for the World Socialist Web Site and a member of its International Editorial Board. He has written extensively on Middle Eastern and Asian politics, contributing articles on developments in a wide range of countries, “Obama’s “playbook” and the threat of nuclear war in Asia,” http://www.wsws.org/en/articles/2013/04/05/pers-a05.html

The Obama administration has engaged in reckless provocations against … China head to head in a catastrophic nuclear conflict.

Illegal arms sales increase the probability of regional conflict and leads to US-Russia-China escalation
Klare 13 (Michael Klare is a professor of peace and world security studies at Hampshire College The Booming Global Arms Trade Is Creating a New Cold War http://www.motherjones.com/politics/2013/05/global-arms-trade-new-cold-war)

These are just some examples of recent arms deals (or ones under discussion) that … example of the old saw: that those who don't learn from history are destined to repeat it?

US-Russia miscalculation causes extinction
Barrett et al. 1/6 (Anthony M. Barrett- Global Catastrophic Risk Institute, Seth D. Baum- Center for Research on Environmental Decisions, Columbia University, Kelly R. Hostetler- Department of Geography, Pennsylvania State University, 2013, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia”, http://sethbaum.com/ac/fc_NuclearWar.pdf)
War involving significant fractions of the U.S. and Russian nuclear … one or both nations more likely to misinterpret events as attacks. 60,61,62,63

Nuclear conflict with China is an EXISTENTIAL risk – causes nuclear winter
Wittner 11 (11/30/11 Dr. Lawrence, Prof of History Emeritus at SUNY Albany, “Is a Nuclear War with China Possible?”)
But what would that "victory" entail? An attack with these Chinese … facilities over the next decade. 

It collapses African stability
Hasan 13 (Ramadansyah, PhD student, University of Waikato. Controlling the Circulation of Small Arms in International Law http://researchcommons.waikato.ac.nz/bitstream/handle/10289/7500/thesis.pdf?sequence=3)

In a region where government and government … case of Africa and to a certain degree, in South America and Southeast Asia.

African conflict escalates
Glick ‘7 - Senior Middle East Fellow – Center for Security Policy (Caroline, “Condi’s African Holiday”, 12-12, http://www.centerforsecuritypolicy.org/home.aspx?sid=56andcategoryid=56andsubcategoryid=90andnewsid=11568)

The Horn of Africa is a dangerous and …Eritrea, Djibouti, Ethiopia, Somalia, Sudan and Kenya. 

1AC Plan Text
The United States federal judiciary should apply a clear statement principle to the statutorily defined indefinite detention war powers authority of the President of the United States on the grounds that executive indefinite detention violates the Suspension Clause.

Advantage 2 is Egypt

Morsi’s trial determines Egyptian stability- only fair trial procedures solve
Arrott 10/15 (Elizabeth, VOA. Morsi Trial Raises Tensions in Divided Egypt http://www.voanews.com/content/reu-officials-say-egypt-arrests-morsi-supporter-linked-to-cairo-attack/1769928.html)

The trial of ousted Egyptian President Mohamed … in his role as defense minister in the new draft constitution.

US detention policy is Egypt’s excuse- fair trial standards key to leverage Al-Sisi
Leitner Center 9 (THE COMPANY WE KEEP: COMPARATIVE LAW AND PRACTICE REGARDING THE DETENTION OF TERRORISM SUSPECTS A White Paper of the Working Group on Detention Without Trial A Project of the Human Rights Institute, Columbia Law School; International Law and the Constitution Initiative, Fordham Law School; and the National Litigation Project, Yale Law School. Page lexis)

International human rights law generally proscribes … our ability to gain their critical cooperation in international counterterrorism efforts. 

Creating an independent judiciary post-Arab Spring is critical for Egyptian stability
El Feigieri 11 (Moataz El Fegiery is deputy director of the Middle East and North Africa Program at the International Center for Transitional Justice (ICTJ). Save Egypt's judiciary, save its revolution.

Nonetheless, the judiciary must be able to work calmly to …the people's confidence in the judiciary.

The plan doesn’t enforce US norms on Egypt, it creates a model for rule of law to be integrated within the Egyptian system
Tolbert, 2/23/2011 (David - president of the International Center for Transitional Justice, Justice is central to future of the new egypt and middle east, Ahram Online, p. http://english.ahram.org.eg/News/6271.aspx)

The popular revolutions that saw people of all classes … decide on the best way to achieve justice

Another Egyptian civil war causes middle east conflict and destroys the buffer zone between Iran and Israel
The Nation 13 (Egypt facing civil war: US officials paint grim scenario http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/international/18-Aug-2013/egypt-facing-civil-war-us-officials-paint-grim-scenario)

With the political and security situation in Egypt … and on to the militants operating on the other side of Egypt, in the Sinai Peninsula.

Middle East wars cause extinction
Russell, 9 (James A. Russell, Senior Lecturer, National Security Affairs, Naval Postgraduate School, ‘9 (Spring)
“Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East” IFRI, Proliferation Papers, #26, http://www.ifri.org/downloads/PP26_Russell_2009.pdf__)
Strategic stability in the region is thus undermined by various factors: (1) … region, with substantial risk for the entire world.

Israel-Iran war goes nuclear and draws in the US
Russell 9 (James. Senior lecturer in the Department of National Security Affairs at NPS. Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East. Proliferation Papers.) 

America’s disapproval of Israeli pre-emption may reflect a … Lebanon could also trigger an escalation spiral. 

Last is Solvency
Applying a clear statement principle solves- significantly restricts detention authority
Sarah Erickson-Muschko (J.D., Georgetown University Law Center) June 2013 “Beyond Individual Status: The Clear Statement Rule and the Scope of the AUMF Detention Authority in the United States” 101 Geo. L.J. 1399, Lexis
III. EXISTING SCHOLARSHIP ON THE CLEAR STATEMENT RULE: THE FOCUS ON INDIVIDUAL STATUS

Many scholars have advanced arguments regarding the … of the Constitution and laws." 168

Detention policy is incomprehensible in the status quo- only Supreme Court rulings send a clear judicial review test for lower court judges and spills over to effective Congressional policy
Garrett 12 (Brandon, Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia School of Law. HABEAS CORPUS AND DUE PROCESSCORNELL LAW REVIEW Vol. 98:47 page lexis)

The Suspension Clause casts a broad shadow over the … steer clear of Suspension Clause problems, with mixed results.

Tournament: Harvard | Round: 3 | Opponent: Texas CM | Judge: Barouch
1AC
The Supreme Court refuses to enforce statutory restraints on the president- causes judicial abstention from all cases involving national security and creates a preemptive default to presidential expertism
Vaughns 13 (B.A. (Political Science), J.D., University of California, Berkeley, School of Law. Professor of Law, University of Maryland Francis King Carey School of Law.Of Civil Wrongs and Rights: Kiyemba v. Obama and the Meaning of Freedom, Separation of Powers, and the Rule of Law Ten Years After 9/11 ASIAN AMERICAN LAW JOURNAL Volume 20:7)

After being reversed three times in a row in Rasul, Hamdan, and then Boumediene, … purpose. But, for the moment, I must consider the external influences on the court that resulted in that feeling of judicial futility.

This reluctance provides the statutory framework for imperialism and the military-industrial complex: defense lobbies use deference as an excuse for widening ties between the military and industries- the result is endless intervention
Scales and Spitz 12 (Ann Scales, prof at U Denver law school. Laura Spitz, prof at U Colorado Law School. The Jurisprudence of the Military-Industrial ComplexSeattle Journal for Social Justice Volume 1 | Issue 3 Article 51 10-11-2012)

First, our nation’s history and legitimacy rest upon a … of nuclear weapons—are always on the table.

Military supremacy causes endless violence at home and abroad
Bacevich, 5 -- Boston University international relations professor
A. J., retired career officer in the United States Army, former director of Boston University's Center for International Relations (from 1998 to 2005), The New American Militarism: How Americans Are Seduced by War, 2005 accessed 9-4-13, mss

Today as never before in their history Americans are enthralled with … to consider the continued relevance of Madison's warning to our own time and circumstances.
Allowing Obama to use statutory justifications for indefinite detention causes an indefinite police state- short-circuits activism and causes unspeakable acts of torture and violence
Stephen Lendman (Research Associate of the Center for Research on Globalization) July 19, 2013 “US Courts Approve Indefinite Detention and Torture” http://www.mathaba.net/news/?x=633237
Fundamental freedoms are illusory. They're vanishing. … things. It's unaccountable.  Nonbelievers aren't tolerated. The worst is yet to come. 

Obama has used indefinite detention powers to suppress social justice movements at home and abroad- statutory authority creates a state of exception in regards to detention policy.
Ford 11 (Glen, Black Action Radio. “The Racist Roots of Obama’s Preventative Detention” http://blackagendareport.com/content/racist-roots-obamaE28099s-preventive-detention)

With his claim to the right to kill and indefinitely detain American … that is how they will lose those freedoms. 

1AC Solvency
Bennett and I endorse critical legal advocacy combined with larger grassroots movements as a method to achieve liberation for the indefinitely detained. Litigation is the public’s power to restrain the president- engaging the courts is critical
Yamamoto 5 (Erick K. Yamamoto: Professor of Law, William S. Richardson School of Law, University of Hawai'iWHITE (HOUSE) LIES: WHY THE PUBLIC MUST COMPEL THE COURTS TO HOLD THE PRESIDENT ACCOUNTABLE FOR NATIONAL SECURITY ABUSES. pg lexis)

And what almost no one has closely examined in both …national security actions that curtail fundamental liberties).

The plan is part of an intersectional battle to combat violations of habeas rights- but engaging the courts are key to prevent unchecked military force and violence
Chris Hedges (senior fellow at The Nation Institute in New York City. He spent nearly two decades as a foreign correspondent in Central America, the Middle East, Africa and the Balkans. He has reported from more than fifty countries, and has worked for The Christian Science Monitor, National Public Radio, The Dallas Morning News, and The New York Times, where he was a foreign correspondent for fifteen years (1990–2005).  In 2002, Hedges was part of the team of reporters at The New York Times awarded the Pulitzer Prize for the paper's coverage of global terrorism. He has taught at Columbia University, New York University, Princeton University and The University of Toronto) February 11, 2013 “The NDAA and the Death of the Democratic State” http://www.truthdig.com/report/page2/the_ndaa_and_the_death_of_the_democratic_state_20130211/
On Wednesday a few hundred activists crowded into … driving black vans for people we don’t like.” 

Adopting legal tactics are vital for movements that seek to promote the rights of the disempowered

Hair 01
(Penda D Louder than Words:Lawyers, Communities and the Struggle for Justice, http://www.racialequitytools.org/resourcefiles/hair.pdf, Penda D. Hair is Co-Director of the Advancement Project at the Rockafeller Foundation, The many lawyers, clients, community organizations and activists whose visionary work in the field is reflected herein generously shared their time, experiences, lessons and mistakes, as well as triumphs. This is their report. I have tried to be an accurate and thoughtful recorder. Dayna L. Cunningham, Associate Director of the Rockefeller Foundation’s Working Communities Division, conceived this project and brought together the people and the resources to bring it to fruition. Her penetrating ideas on race and lawyering infuse every page of the Report. As important, her strong belief in the project and her incredible determination inspired the author and the advisers, and pushed this work to completion. Susan P. Sturm, Professor of Law, Columbia Law School, and Lani Guinier, Professor of Law, Harvard Law School, were participants from the inception, helping to frame the project, identify case studies and put together the larger group of advisers. Angela Glover Blackwell, then Vice President of the Rockefeller Foundation (now President of PolicyLink, a national organization working to identify, support and promote local policy innovation), played a critical role in initiating and supporting this project and provided many valuable insights. Fifteen advisers guided the development of this report. Coming from national civil rights organizations, local public-interest law centers, universities and foundations, all of the advisers in their separate capacities have been deeply involved in the struggle for justice for many years. Their commitment to this project has been unwavering. )

THE CONTINUING IMPORTANCE OF STRATEGIC LITIGATION … Interest Law: From Old Theories to a New Agenda,” 1 Public Interest Law Journal, at 169, 185 (1991). 142

Even if the legal sphere is inaccessible, legal education builds community capacity- critical for the struggle towards justice

Hair 01
(Penda D Louder than Words:Lawyers, Communities and the Struggle for Justice, http://www.racialequitytools.org/resourcefiles/hair.pdf, Penda D. Hair is Co-Director of the Advancement Project at the Rockafeller Foundation, The many lawyers, clients, community organizations and activists whose visionary work in the field is reflected herein generously shared their time, experiences, lessons and mistakes, as well as triumphs. This is their report. I have tried to be an accurate and thoughtful recorder. Dayna L. Cunningham, Associate Director of the Rockefeller Foundation’s Working Communities Division, conceived this project and brought together the people and the resources to bring it to fruition. Her penetrating ideas on race and lawyering infuse every page of the Report. As important, her strong belief in the project and her incredible determination inspired the author and the advisers, and pushed this work to completion. Susan P. Sturm, Professor of Law, Columbia Law School, and Lani Guinier, Professor of Law, Harvard Law School, were participants from the inception, helping to frame the project, identify case studies and put together the larger group of advisers. Angela Glover Blackwell, then Vice President of the Rockefeller Foundation (now President of PolicyLink, a national organization working to identify, support and promote local policy innovation), played a critical role in initiating and supporting this project and provided many valuable insights. Fifteen advisers guided the development of this report. Coming from national civil rights organizations, local public-interest law centers, universities and foundations, all of the advisers in their separate capacities have been deeply involved in the struggle for justice for many years. Their commitment to this project has been unwavering. )

Louder Than Words“the full range of problem-solving tasks that lawyers traditionally employ to enhance the political and economic capacity of their paying clients.” Lawyers possess key technical and … their success in terms of community objectives, rather than in terms of procedural outcomes. 

Even if it fails, court action on detention prompts social movements: aligning movements toward particular court actions is a successful and productive methodology
Serrano and Minami, ‘03  (Susan, Project Director, Equal Justice Society; J.D. 1998, William S. Richardson School of Law, University of Hawai', partner, Minami, Lew and Timaki, Asian Law Journal, Korematsu v. United States: A "Constant Caution" in a Time of Crisis, p. Lexis)
Today, a broadly conceived political identity is critical to the …racial communities and beyond." n64

Failure to have a working knowledge of the law and the court makes one a terrible activist
Paul Burstein, pub. date: 1991, Professor of sociology and political science at the University of Washington, “Legal Mobilization as a Social Movement Tactic: The Struggle for Equal Employment Opportunity”,  JSTOR
What types of actions should we examine? For most sociologists, and for many …movement analysts to report how critical court decisions are.

Solely acting outside the realm of the law fails to provide a solution- institutions are key
Jenks and Talbot-Jensen 11 (INDEFINITE DETENTION UNDER THE LAWS OF WAR Chris Jenks* and Eric Talbot Jensen Lieutenant Colonel, U.S. Army Judge Advocate General's Corps. Presently serving as the Chief of the International Law Branch, Office of The Judge Advocate General, Washington D.C. The views expressed in this Article are those of the author and not The Judge Advocate General's Corps, the U.S. Army, or the Department of Defense.  Visiting Assistant Professor, Fordham Law School. The authors wish to thank Sue Ann Johnson for her exceptional research and editing skills, and the organizers and attendees at both the 3rd Annual National Security Law Jtinior Faculty Workshop at the University of Texas School of Law, where we first discussed the ideas for this article, and the Stanford Law and Policy Review National Defense Symposium, where we first presented the finished product. STANFORD LAW and POLICY REVIEW Vol. 22:1 Page Lexis)

Those who would deconstruct the law of war as applied to … and the rights of individuals

Tournament: Kentucky | Round: 2 | Opponent: Harvard BN | Judge: Sydney Pasquinelli
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