An inspiring legal thriller set against the backdrop of the war on terror, The Challenge tells the inside story of a historic Supreme Court showdown. At its center are a Navy JAG and a young constitutional law professor who, in the aftermath of 9/11, find themselves defending their nation in the unlikeliest of ways: by suing the president of the United States on behalf of an accused terrorist in order to prevent the American government from breaking the law and violating the Constitution.
Jonathan Mahler traces the journey of their client, Salim Ahmed Hamdan, from the Yemeni mosque where he was first recruited for jihad in 1998, through his years working as a driver for Osama bin Laden, to his capture in Afghanistan in November 2001 and his subsequent transfer to Guantanamo Bay. It was there that Hamdan was designated by President Bush to be tried before a special military tribunal and assigned a military lawyer to represent him, a thirty-five-year-old graduate student of the Naval Academy, Lieutenant Commander Charles Swift.
No one expected Swift to mount much of a defense. Not only were the rules of the tribunals, America's first in more than fifty years, stacked against him, his superiors at the Pentagon were pressuring him to persuade Hamdan to plead guilty. But Swift didn't believe that the tribunals were either legal or fair, so he enlisted a young Georgetown law professor named Neal Katyal to help him sue the Bush administration over their legality. In the spring of 2006, Katyal, who had almost no trial experience, took the case to the Supreme Court and won. The landmark ruling has been called the Court's most important decision ever on presidential power and the rule of law.
Written with the cooperation of Swift and Katyal, The Challenge follows the braided stories of Swift's intense, precarious relationship with Hamdan and the unprecedented legal case itself. Combining rich character portraits and courtroom drama reminiscent of Jonathan Harr's A Civil Action with sophisticated yet accessible legal analysis, The Challenge is a riveting narrative that illuminates some of the most pressing constitutional questions of the post-9/11 era.
Amazon Best of the Month, August 2008: There have by now been many insider accounts of the Bush Administration and its War on Terror. Jonathan Mahler's The Challenge: Hamdan v. Rumsfeld and the Fight over Presidential Power, on the other hand, is very much an outsider's account: the story of two lawyers and their attempt to scale the walls of the American government and overturn the system of military commissions set up to try the detainees at Guantanamo Bay. One observer called Hamdan v. Rumsfeld "the most important decision on presidential power and the rule of law, ever," and Mahler's focus on the odd-couple lawyers--the blustery, impulsive Navy JAG who made defending Hamdan his mission and the brilliant and tireless Indian immigrant's son who risked a meteoric career with his obsession with the case--and his ability to communicate the grave constitutional consequences of the case and the often bizarrely circuitous path they must take to reach the Supreme Court make for a thrilling and moving drama of justice, democracy, and the patriotism of challenging your own government. --Tom Nissley
Customer Reviews:
Avg. Customer Rating: 5.0 / 5.0
Hamdan - defending laws, like writing them, is like making sausage First, the grueling nature preparing for what became arguably the most important constitutional law ruling by the Supreme Court in 30 years is incredible. Take a constitutional law prof at Georgetown with a terminally ill father, a card-carrying-member of the ACLU Navy lawyer with ADD, and top legal eagles from white-shoe law firms pitching in pro bono work and getting frustrated at not being heard out enough in briefs, and you get some idea of the potential for conflict - potential that became... more info
Hamdan vs. Rumsfeld Here is an astonishing story in which two unlikely and oddly paired attorneys (read heroes) take on the United States government on behalf of a Yemeni citizen detained at Guantanamo. Neither Lt. Cmdr. Charles Swift, the navy lawyer assigned to the case, nor Neal Katyal, the Georgetown law professor who volunteered to help, could have imagined where the case would take them nor what it would require of their careers, family, and personal well being. But the story of what they did, how they did it, what it... more info
American Justice Mr. Mahler has researched a griping courtroom drama in the tradition of "A Few Good Men" where the murder charges have been replaced by a constitutional crisis. Does terrorists have any rights under the Constitution or can they be have forever without a trial? The book could have used some tighter editing, but otherwise is quite readable and clear as to the legal issues and maneuverings. Following the case as it slowly makes it way to the Supreme Court, the author illustrates the lives of the lawyers... more info
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