On Monday morning, a significant Guantanamo case, Hatim v. Obama et al., will be argued before D.C. Circuit Judges Merrick Garland, Karen L. Henderson, and Thomas B. Griffith. Petitioners and respondents both will have fifteen minutes to present arguments, … Read more »
The detainees in Aamer v. Obama, the force-feeding case on appeal before the D.C. Circuit, have filed another letter with the court. In a Nov. 21 letter, the government notified the court that the force-feeding protocols were revised on … Read more »
It is somewhat old news, though refreshed a bit in light of yesterday’s Ali decision from the D.C. Circuit: on November 19, lawyers for another Guantanamo detainee, Abdul al Qader Ahmed Hussain, asked the Supreme Court to take up … Read more »
Both Raffaela and Steve have already noted the D.C. Circuit’s opinion yesterday in Abdul Razak Ali v. Obama, the latest Guantanamo habeas case. Both also took note of Senior Judge Harry Edwards’s brief opinion concurring in the judgment affirming … Read more »
As Steve already noted, the D.C. Circuit has affirmed the district court’s denial of a writ of habeas corpus to Guantanamo detainee Abdul Razak Ali. We covered the oral argument this fall, in preview and recap posts.
The D.C. … Read more »
This morning’s D.C. Circuit decision in Ali v. Obama is not exactly a shocker, given the court’s ever-solidifying body of jurisprudence on the scope of the government’s power to detain non-citizen terrorism suspects at Guantánamo. In short, Judge Kavanaugh’s opinion … Read more »
From the defense’s standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions?
Accused Boston Marathon bomber Dzhokhar Tsarnaev is currently challenging Special Administrative Measures (SAMs) imposed on him and his attorneys; … Read more »
The briefing regarding the mootness of the habeas appeal of the now-former Bagram detainee, Hamidullah, is before the D.C. Circuit. Last week the U.S. government informed Hamidullah’s attorneys that he had been transferred, along with five other non-Afghans who had … Read more »
Americans vacillate over national security and government power. We want an effective intelligence community, but we do not want too much surveillance or collection. We want to rein in the NSA, but we also wax outraged when the intelligence community … Read more »
Three updates in Aamer v. Obama, the force-feeding case on appeal to the D.C. Circuit.
On November 14, the government filed its opposition to Guantanamo detainee Imad Abdullah Hassan’s motion to intervene in the case. Hassan, a designated hunger-striker … Read more »
About a month ago, I asked what had happened to the UN’s effort to develop a set of standard operating procedures to govern detentions that arise during the course of UN operations. It appears that such a document exists in … Read more »
A few weeks ago, Bobby and John reacted to a Washington Post story reporting that seven hundred Afghan detainees at Bagram Air Force Base whom the US transferred to Afghan custody earlier this year may be released. Despite the custody … Read more »
This evening, the Senate voted on two GTMO-flavored amendments to the FY2014 National Defense Authorization Act.
One amendment was put forth by Senators Carl Levin and John McCain, and would have (among other things) liberalized the NDAA transfer regime so … Read more »
The government has filed its brief in Al Laithi v. Rumsfeld and Celikgogus v. Rumsfeld, a case involving the consolidated claims of former Guantanamo detainees against former government officials in their individual capacities. The detainees seek civil damages, alleging … Read more »
The appellant and appellee briefs in a Guantanamo detainee’s habeas-related appeal, Abdullah v. Obama, have been filed with the Court of Appeals for the D.C. Circuit.
First, a short recap of the case: After not getting a decision from … Read more »
Bobby drew attention to yesterday’s Washington Post article about the Afghan Government’s release of hundreds of detainees the U.S. military had transferred to Afghan control at the detention facility at Bagram. Bobby rightly commented that the Afghans’ reluctance to hold … Read more »
The unwinding of US detention operations in Afghanistan continues. The latest development concerns the population of some 880 Afghan detainees whom the United States has transferred to Afghan control as part of the drawdown process (the United States continue to … Read more »
On Monday, accused Boston Marathon bomber Dzhokhar Tsarnaev filed his reply to the government’s response to his motion to vacate special administrative measures (SAMs) imposed on him and his attorneys. In his filing, Tsarnaev rejects the government’s claim that the … Read more »
In Hatim v. Obama, a.k.a. the Guantanamo “counsel access case,” the government’s reply brief has been submitted, and the D.C. Circuit has slated the case for oral argument on Monday, December 9.
We’ve covered this Guantanamo detainee-related case… Read more »
Today the D.C. Circuit handed down its opinion in a Guantanamo detainee’s habeas-related appeal. The detainee filed his notice of appeal too late, concluded the three-judge panel, thus divesting the appeals court of jurisdiction. The panel dismissed the appeal.
The … Read more »