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Category Archives: Detention: Law of

Habeas and the Military Commissions After Aamer

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Friday, March 21, 2014 at 9:36 AM

I’ve already written at some length about the D.C. Circuit’s decision last month in Aamer v. Obama, in which a divided panel held that the Guantánamo detainees may challenge the conditions of their confinement through habeas petitions, notwithstanding the language of the jurisdiction-stripping provisions of the Military Commissions Act of 2006. As Judge Tatel explained, . . .
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Periodic Review Board Hearing Today

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Thursday, March 20, 2014 at 9:08 AM

Today an interagency review panel will hear, by video hookup, the case of Guantanamo detainee Ali Ahmad al-Razihi.  The issue is whether the Yemeni’s further detention is necessary to protect a continuing, significant security threat to the United States. Lawfare won’t be in the house today—but, judging by past reviews, the hearing’s open session likely will . . .
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Oral Argument Summary: Al Laithi v Rumsfeld

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Saturday, February 22, 2014 at 12:00 PM

The courtroom is nearly full at the DC Circuit Court of Appeals for oral arguments in Al Laithi v. Rumsfeld. It is full mostly with a large number of students—apparently both college and law-school-age students—who fill the four back-most rows. Al Laithi is a bit of a weird case for students to use as an entry point into the Guantanamo discussion: It . . .
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Oral Argument Preview: Al Laithi v. Rumsfeld (Detainee Abuse Case)

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Friday, February 21, 2014 at 6:23 AM

Today D.C. Circuit Judges David Tatel, Janice Rogers Brown, and A. Raymond Randolph will hear oral arguments in Al Laithi v. Rumsfeld. Six former Guantanamo detainees will be arguing that Chief Judge Lamberth erred in dismissing their claims, brought under the Alien Tort Statute (ATS), Bivens, the Religious Freedom Restoration Act and the Federal Civil Rights Act. In the wake . . .
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David Miranda Decision Gives Broad Scope to UK Detention Authority

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Thursday, February 20, 2014 at 7:45 AM

As I noted in an earlier post, the UK High Court in an opinion by Lord Justice John Laws dismissed David Miranda’s suit challenging his detention by the Metropolitan Police at London’s Heathrow Airport on August 18, 2013. Lord Justice Laws first considers Miranda’s claim that the Metropolitan Police acted beyond the scope of the . . .
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Aamer v. Obama and Boumediene Step Zero

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Thursday, February 13, 2014 at 11:07 AM

At one level, the D.C. Circuit’s decision this week in Aamer v. Obama on Guantanamo hunger strikes probably surprised nobody. As expected, the D.C. Circuit upheld the two district court decision to deny preliminary injunctive relief to hunger-striking Guantanamo detainees, who were challenging the government’s force-feeding regime. The significance of the case, however, lies not in the denial of . . .
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DC Circuit Affirms Denial of Preliminary Relief in Hunger Strike Case—But Finds No Statutory Bar to Conditions Challenge

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Tuesday, February 11, 2014 at 10:22 AM

The panel’s decision in the closely-watched case of Aamer v. Obama was handed down this morning.  The majority opinion opens: TATEL, Circuit Judge: Petitioners Ahmed Belbacha, Abu Dhiab, and Shaker Aamer are detainees who, although cleared for release, remain held at the United States Naval Station at Guantanamo Bay, Cuba. Protesting their continued confinement, they and other similarly situated detainees have . . .
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Josh Gerstein on Piracy and Terrorism Trials

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Monday, February 10, 2014 at 3:42 PM

Over at Politico, Josh Gerstein has an interesting piece on the Ali piracy case, and its potential implications for terrorism cases.  The article—which quotes Jen Daskal and Cully Stimson, among others—opens: The failed prosecution of an alleged Somali pirate — and the fact that that failure could leave him living freely, and permanently, inside U.S. borders — . . .
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Yesterday’s Periodic Review Board Hearing

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Wednesday, January 29, 2014 at 7:54 AM

Judging by Daphne Eviatar’s account over at Just Security and Charlie Savage’s at the New York Times, it was a pretty scripted and brief (nineteen minutes of open session) affair. Thus far, the Periodic Review Board has released only statements by Abdel Malik Ahmed Abdel Wahab Al Rahabi’s personal representative and private counsel, as well as the detainee’s “Guantanamo . . .
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Today’s Periodic Review Board Hearing

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Tuesday, January 28, 2014 at 10:10 AM

Today, Abdel Malik Ahmed Abdel Wahab Al Rahabi. a Yemeni Guantanamo detainee, will have a hearing before a “Periodic Review Board.”  The resuscitated administrative mechanism‘s purpose is, of course, to evaluate whether further detention is needed “to protect against a continuing significant threat to the security of the United States.” The hearing’s participants will be spread out over various . . .
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D.C. Circuit on Obaydullah: New Evidence Unhelpful to Detainee’s Case

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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 . . .
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Oral Argument Recap: Abdullah v. Obama

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Tuesday, January 21, 2014 at 2:42 PM

The long-running habeas case of Abdullah v. Obama should have seen a hearing on the merits a long time ago.  But it hasn’t, and that is really bad.  Nevertheless, the detainee’s attempt to eke out some sort of non-habeas relief in the meantime—a preliminary injunction which the district court rejected—apparently isn’t going anywhere on appeal.  . . .
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Tomorrow at the D.C. Circuit: Abdullah v. Obama

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Monday, January 20, 2014 at 4:42 PM

Tomorrow morning at 9:30 a.m., a three-judge panel of the D.C. Circuit will hear oral argument in the Guantanamo habeas case of Abdullah v. Obama. Before Circuit Judge Karen LeCraft Henderson, and Senior Circuit Judges Stephen F. Williams and A. Raymond Randolph, will be a debate over the district court’s rejection of the Yemeni detainee’s motion for a preliminary . . .
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Opinion in Al-Janko v. Gates

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Friday, January 17, 2014 at 10:46 AM

Just in case you want to read something not about reforms to NSA surveillance: here’s the opinion from the D.C. Circuit in Al-Janko v. Gates.  Today, a three-judge panel affirmed the district court’s rejection of the ex-detainee’s suit against government officials: KAREN LECRAFT HENDERSON, Circuit Judge: As part of its global war on terrorism, the United States detained Abdul . . .
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Oral Argument Recap: Obaydullah v. Obama, Round Two

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

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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 . . .
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Guantanamo Review Board Recommends Yemeni Detainee For Transfer, Subject to Conditions

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Thursday, January 9, 2014 at 3:22 PM

The detainee in question is Mahmud Abd Al Aziz Al Mujahid.  Today, the board convened under Executive Order 13567 announced its consensus finding that (in the words of the Defense Department release): continued law of war detention is no longer necessary to protect against a continuing significant threat to the United States and that Mujahid is therefore . . .
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Government Opposes Disclosure of Force-Feeding Protocols; Detainees Respond

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Tuesday, January 7, 2014 at 1:44 PM

Two more developments in Aamer v. Obama, the force-feeding case on appeal before the D.C. Circuit. On December 30, the government filed its opposition to the detainees’ motion for an order directing the government to disclose and file complete copies of its revised force-feeding protocols.  The detainees filed their reply yesterday. In its filing, the . . .
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Robin Simcox on Why Terrorists Can’t Always Be Prosecuted

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Monday, January 6, 2014 at 4:00 PM

Robin Simcox of the Henry Jackson Society in Britain writes in with the following thoughts on the difficulties of prosecuting terrorist suspects, a subject which he covered in this recent report: President Obama recently has struck a deal in Congress that will make it easier to transfer detainees out of the Guantánamo Bay detention center. This . . .
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Afghanistan on Verge of Releasing 88 Former US-Held Detainees, Over US Objections

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Thursday, January 2, 2014 at 6:00 PM

On New Year’s Eve the New York Times reported that the Karzai Administration has given preliminary approval for the release of 88 Afghan detainees who were once held in US custody in Afghanistan and who were transferred (along with hundreds of others) to the control of the Government of Afghanistan as part of the larger . . .
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