Even if the court finds jurisdiction, it is highly unlikely that any federal judge would order a detainee's release over military objections.
The unusual objection, released as Mrs. Clinton prepares to step down as secretary of state, appears to have been prompted by a new phrase used by Mrs. Clinton in what was an otherwise standard reference to the escalating feud between China and Japan.
Justice Obus signed the release order over prosecutors' objections.
And yet since 9/11, not a single enemy combatant has been tried to judgment by military tribunal or released over executive branch objection.
He added that Hamas "had no objection" to releasing the Israeli soldier if Israel met his group's demands for a prisoner exchange.
Jane says the interior ministry's human rights department had recommended the four remaining women should be granted no objection certificates releasing them from their contract and allowing them to change sponsor.
Government officials who took part in the negotiations described a process in which representatives of the C.I.A. and the National Security Agency in particular raised the most objections to release of material contained in the classified version of the report.
Discussion about the prisoners had dragged on until just a few hours before their planned release, but despite British objections Afghan authorities said they had sent 40 of them home as planned and kept only two in detention.
In a communication dated May 13, US Ambassador to the UN Samantha Power wrote to Lykketoft requesting that he "release publicly the written objections" that he had received from member states.
Lawyers for Mr. Clinton and Mr. Gore did not raise objections to their release.
