Skip to content

Email Raffaela

Posts by Raffaela Wakeman

Raffaela Wakeman is a third-year evening student at Georgetown University Law Center, where she is a Note Development Editor on the Journal of National Security Law & Policy, and a project manager at the Brookings Institution. She graduated with a B.S. and M.S. in political science from the Massachusetts Institute of Technology in 2009, and wrote her Master’s thesis on electoral design in the Middle East.

D.C. Circuit on Obaydullah: New Evidence Unhelpful to Detainee’s Case

By
Friday, January 24, 2014 at 4:15 PM

The D.C. Circuit, in an exceedingly brief and quickly-issued per curiam judgment, has affirmed the district court’s denial of Obaydullah’s motion regarding newly-discovered evidence related to his habeas petition. Yours truly covered the oral arguments that took place in this Guantanamo habeas case only last week at the D.C. Circuit.  That was fast. Background: prior to the D.C. Circuit’s 2012 . . .
Read more »

Today’s Headlines and Commentary

By
Friday, January 24, 2014 at 11:30 AM

The big news yesterday was the Privacy and Civil Liberties Oversight Board’s rather hefty report on NSA surveillance. If you didn’t catch Paul’s post yesterday on whether the PCLOB overstepped its charge in deeming the 215 program illegal, do check it out. The White House disagrees with the PCLOB’s conclusion. Ellen Nakashima writes in the Post, and Justin Sink writes . . .
Read more »

Today’s Headlines and Commentary

By
Tuesday, January 21, 2014 at 11:51 AM

A few snow flurries have shut down the federal government, but they won’t shut down the Lawfare news roundup—though it’s a light news day anyway. The New York Times and Washington Post report that the United Nations has rescinded its invitation to Iran to attend the Geneva II talks. The Bureau of Investigative Journalism released a study that shows that . . .
Read more »

Oral Argument Recap: Obaydullah v. Obama, Round Two

By
Wednesday, January 15, 2014 at 7:53 AM

Your Lawfare team is ready with pen and paper, and bated breath, to hear oral arguments in the habeas-related appeal of Afghan detainee Obaydullah before the three-judge panel of D.C. Circuit Court of Appeals Chief Judge Merrick Garland and Judges Karen LeCraft Henderson, and David Tatel. We’ve been here before, and were promptly kicked out, so we’re relieved . . .
Read more »

Today in the D.C. Circuit: Obaydullah v. Obama, Round Two

By
Monday, January 13, 2014 at 11:27 PM

First up for the three-judge panel of D.C. Circuit Judges Merrick Garland, Karen LeCraft Henderson, and David Tatel this morning is its second oral argument related to the detention of Afghan detainee Obaydullah. Given that the last oral argument in this case was conducted in a classified setting, it shouldn’t be too much of a surprise if the . . .
Read more »

Today’s Headlines and Commentary

By
Wednesday, January 8, 2014 at 1:11 PM

Unless you’ve been hiding under a rock or are in an undisclosed location, you’ve likely heard about former Secretary of Defense Robert Gates’s soon-to-be-published memoir, Duty. Don’t miss Dr. Gates’s lengthy piece, excerpted from the book, in the Wall Street Journal. The highlights (or lowlights, depending on your perch) are making headlines, and the New York Times and Washington Post both received . . .
Read more »

Judiciary Committee Hearing for Head of NSD on Now

By
Wednesday, January 8, 2014 at 10:43 AM

The Senate Judiciary Committee is currently holding a hearing regarding several of President Obama’s nominations, which include that of John Carlin, nominated for the position of Assistant Attorney General, DoJ National Security Division. Read Mr. Carlin’s statement, and watch the webcast.

Today’s Headlines and Commentary

By
Tuesday, January 7, 2014 at 12:46 PM

In spite of the weather, the Senate had enough senators present on Monday evening to confirm Janet Yellen as the new Chairman of the Federal Reserve. Colleen LaRose, a.k.a. “Jihad Jane,” was sentenced to ten years in prison for providing material support to terrorism. The disparity in the potential maximum sentence (life) and her ultimate sentence . . .
Read more »

From IC On The Record: A response to the Times Editorial, and the FISC Renews the Telephony Metadata Program

By
Monday, January 6, 2014 at 2:18 PM

Two important releases showed up on the Office of the Director of National Intelligence’s Tumblr on Friday. First, the General Counsel for the ODNI, Bob Litt, responded to the New York Times Edward Snowden editorial last week, and sought to set the record straight with regard to the DNI’s exchange with Senator Ron Wyden’s staff in . . .
Read more »

Telephony Metadata Cases Appealed

By
Friday, January 3, 2014 at 4:35 PM

No big surprise here: the government, in the D.D.C., and the ACLU, in the S.D.N.Y., have filed their notices of appeal in two cases, Klayman v. Obama and ACLU v. Clapper, that address the legality of NSA’s telephony metadata program.

D.C. Circuit: OLC Opinion on Exigent Letters Exempted from FOIA

By
Friday, January 3, 2014 at 4:23 PM

Today, a three-judge panel of the D.C. Circuit rejected an important Freedom of Information Act (“FOIA”) lawsuit brought by the Electronic Frontier Foundation.  The group had sought disclosure of a 2010 Office of Legal Counsel opinion dealing with the FBI’s use of national security letters in the wake of 9/11. The OLC opinion was prompted . . .
Read more »

David Remes on Guantanamo in 2013

By
Thursday, January 2, 2014 at 3:57 PM

David Remes, long-time Guantanamo habeas defense counsel, writes in with this recap of major Guantanamo developments in 2013: Summation The year saw heightened misery for the detainees, but also glimmers of hope. To protest their open-ended detention, the detainees staged a seven-month hunger strike. The prison warden broke the strike by making their lives too . . .
Read more »

Today’s Headlines and Commentary

By
Thursday, January 2, 2014 at 1:34 PM

Greetings, 2014. On New Year’s Eve, Eastern District of New York Judge Edward Korman handed down his ruling in an important border search case. He dismissed a lawsuit brought by a victim of a laptop border search and civil liberties groups. The key quote from the memorandum opinion: “searches at our borders without probable cause and without a . . .
Read more »

Remaining Ethnic Uighur Chinese Detainees Transferred from Guantanamo

By
Tuesday, December 31, 2013 at 8:42 AM

Today the Department of Defense announced that Yusef Abbas, Saidullah Khalik, and Hajiakbar Abdul Ghuper have been transferred to the government of Slovakia, and will voluntarily settle in that country. They were the last ethnic Uighur Chinese still held at the detention facility. Eleven detainees have been transferred this year, and there are 155 detainees remaining . . .
Read more »

The D.C. Circuit’s Opinion in the Bagram Habeas Petitions

By
Monday, December 30, 2013 at 4:31 PM

On Christmas Eve, a three-judge panel of the D.C. Circuit handed down its opinion in a habeas appeal brought by three detainees held by the United States at Bagram Air Force Base’s Parwan detention facility in Afghanistan. The opinion in the consolidated cases of Al Maqaleh v. Hagel, Amanatullah v. Obama and Hamidullah v. Obama, authored by . . .
Read more »

Cert Petition Filed in Al Warafi v. Obama

By
Friday, December 27, 2013 at 4:00 PM

Shortly before Christmas, counsel for Guantanamo detainee Mukhtar Yahia Naji Al Warafi filed a petition for a writ of certiorari in his habeas petition, having been denied earlier this year an en banc rehearing in the D.C. Circuit. (We’ve covered this case at length—read our coverage here.) Al Warafi had argued that his role was as a . . .
Read more »

SDNY: Telephony Metadata Program is Lawful

By
Friday, December 27, 2013 at 1:08 PM

Breaking news: Southern District of New York Judge William H. Pauley III granted the government’s motion to dismiss in ACLU v. Clapper, a lawsuit challenging the legality of the telephony metadata program, and found the program to be lawful. We’ll have more on this once we’ve read it, but here are the 54-page opinion, and Judge . . .
Read more »

President Obama Signs 2014 NDAA, Releases Statement on GTMO Provisions

By
Thursday, December 26, 2013 at 5:18 PM

The president’s statement today upon signing the 2014 National Defense Authorization Act focuses almost exclusively on the provisions related to the detention facility at Guantanamo Bay. He acknowledges the more flexible transfer provisions, but concludes that they may violate separation of powers principles. Here’s the full text of the statement: Statement by the President on . . .
Read more »

President Review Group’s Recommendations: FISA-Related Proposals

By
Tuesday, December 24, 2013 at 7:17 PM

The President Review Group’s (“PRG”) Report, released last week, makes nearly four-dozen individual recommendations related to foreign intelligence surveillance, privacy, civil liberties oversight responsibilities, cybersecurity, and the organization of the intelligence community. In this post I’ll summarize and compare recommendations that address activities authorized under the Foreign Intelligence Surveillance Act to the two major legislative proposals . . .
Read more »

D.C. Circuit Dismisses Bagram Habeas Petitions

By
Tuesday, December 24, 2013 at 12:00 PM

This Christmas Eve opinion, authored by Circuit Judge Karen LeCraft Henderson for a three-judge panel composed of Judge Thomas B. Griffith and Senior Circuit Judge Stephen F. Williams, affirms the district court’s conclusion that it lacks jurisdiction to hear habeas petitions brought by detainees held at Bagram Air Force Base’s Parwan Detention Facility. We covered . . .
Read more »