In November 2001, a thirty-one-year-old Yemeni man named Salim Ahmed Hamdan was captured near the Pakistan border and turned over to US forces in Afghanistan. After confessing to being Osama bin Laden’s driver, Hamdan was transferred to Guantánamo Bay and designated for trial before a special military tribunal.
The Pentagon assigned a young military defense lawyer, Lieutenant Commander Charles Swift, to represent him in a defense that no one expected to amount to much. But with the help of a young constitutional law professor, Neal Katyal, Swift sued the Bush administration over the legality of the tribunals—and won.
Written with the cooperation of Swift and Katyal, here is the inside story of this seminal case, perhaps the most important decision on presidential power and the rule of law in the history of the Supreme Court.
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"Disclaimer up front: I'm a law student in the middle of 1L year. So this book was probably more exciting to me that it would be to the casual reader. That said, it is an extremely readable and accessible account of one of the most important Supreme Court cases of the century. I highly recommend it."
— Mark (4 out of 5 stars)
“The Challenge is not just a very readable account of an important case. It is also an intimate account of the lawyers who overcame personal conflicts, animus, and flaws to produce a decision for the ages.”
— New York Times“A work of rare drama.”
— New York Review of Books“For those who thrill to what might be called the geology of American constitutional bedrock, The Challenge is a riveting read.”
— New York Sun“Mahler excels at telling the story of a talented, fractious team coming together for a greater goal.”
— New Yorker“An excellent legal thriller.”
— Toronto Star“[Mahler’s] 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.”
— Amazon.com Review“Mahler skillfully humanizes the characters and institutions at the heart of the case…[and] amply conveys the heroism of his protagonists.”
— Publishers Weekly" Most depressing book I ever read, but a fascinating look at the tribunals. "
— Margie, 9/15/2013" The best kind of non-fiction: interesting, informative, makes you think (and let's you make up your own mind), while you can't help but cheer for all the characters...even those on opposing sides of the argument. :) "
— Breezy, 8/7/2012" I've read a couple books about the Gitmo situation and this is by far the best story...entertaining and gripping. "
— Mike, 1/27/2012" Must read for any TDS atty "
— Rod, 11/29/2011" Outside account of Hamdan v. Rumsfeld and the two lawyers who sued the Bush administration--Neal Katyal, now SG in the Obama Administration, and Lt. Cmdr. Charles Swift, a Navy JAG. Interesting tid-bits, but nothing earth-shattering. Sort of a national security version of a Civil Action. "
— Tim, 3/7/2011" An amazing story and an amazing case told (sure why not?) amazingly well. This is one of those stories that makes a Lefty like me proud to be an American and proud of all those Americans who fight the good fight--and sometimes actually win. "
— Bill, 2/7/2011" This is an incredible book. It is about couragous men who stood up to Presidency to defend the Constition and prisoner's right. "
— Wwingfield, 12/11/2010" a Guantanamo challenge that makes to to the Supreme Court, told from the lawyer's perspective "
— Martha, 6/23/2010" This is the definitive book on Hamdan v. Rumsfeld (although it went to print before the August 2008 verdict in Hamdan's military commission trial). I knew that some impressive lawyering had taken place in the case, but this really lays out the high stakes game that was being played. "
— Jenny, 6/20/2010" An amazing story and an amazing case told (sure why not?) amazingly well. This is one of those stories that makes a Lefty like me proud to be an American and proud of all those Americans who fight the good fight--and sometimes actually win. "
— Bill, 10/31/2009" Most depressing book I ever read, but a fascinating look at the tribunals. "
— Margie, 8/11/2009" This is an incredible book. It is about couragous men who stood up to Presidency to defend the Constition and prisoner's right. "
— Wwingfield, 8/10/2009" This is the definitive book on Hamdan v. Rumsfeld (although it went to print before the August 2008 verdict in Hamdan's military commission trial). I knew that some impressive lawyering had taken place in the case, but this really lays out the high stakes game that was being played. "
— Jenny, 9/10/2008Jonathan Mahler, a writer for the New York Times Magazine, is the author of Ladies and Gentlemen, The Bronx Is Burning.
William Hughes is an AudioFile Earphones Award–winning narrator. A professor of political science at Southern Oregon University in Ashland, Oregon, he received his doctorate in American politics from the University of California at Davis. He has done voice-over work for radio and film and is also an accomplished jazz guitarist.