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Category Archives: Detention: Law of: D.C. Circuit Development

Detainees File Petition for Rehearing En Banc in Allaithi v. Rumsfeld

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Tuesday, August 26, 2014 at 8:58 AM

Yesterday, plaintiff-appellants in Allaithi v. Rumsfeld filed their petition for a rehearing en banc, two months after the D.C. Circuit affirmed the district court’s ruling that six detainees subjected to prolonged detention and alleged mistreatment at Guantanamo did not sufficiently allege that the officials who authorized and supervised their detention acted outside the scope of their . . .
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Three More Amicus Briefs in Support of Petitioner in al-Bahlul v. United States

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Tuesday, August 19, 2014 at 9:31 AM

Yesterday we flagged two amicus briefs filed on behalf of the petitioner in al-Bahlul v. United States by (1) the National Institute of Military Justice and (2) Professor David Glazier of Loyola Law School. The day saw three more briefs filed on Ali al-Bahlul’s behalf, each presenting different arguments for why the D.C. Circuit should reverse al-Bahlul’s military-commission conviction for conspiracy to commit war crimes. (3) . . .
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Another Amicus Brief Filed in Support of Petitioners in al Bahlul v. United States

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Monday, August 18, 2014 at 7:04 PM

This morning Steve summarized the amicus brief he co-authored on behalf of the National Institute of Military Justice in support of the petitioner in al Bahlul v. United States. Professor David Glazier of Loyola Law School has also just filed an amicus brief in support of petitioner, supplementing historical arguments he initially presented in an earlier . . .
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David Remes on the Counsel Access Case

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Saturday, August 2, 2014 at 6:30 PM

David Remes, an attorney representing Guantanamo detainees–and, in particular, co-counsel for the petitioner in Hatim–writes in with this comment on Friday’s ruling in that case from the D.C. Circuit: The D.C. Circuit’s decision is disappointing, but in a sense it is anticlimactic. The government effectively won the case over a year ago, when the court stayed Judge . . .
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D.C. Circuit Upholds Security Policies in Hatim v. Obama

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Friday, August 1, 2014 at 9:06 PM

Today the D.C. Circuit handed down its decision in the “counsel access” case, upholding the constitutionality of security procedures instituted at Guantanamo in 2012 and 2013. The panel decision, written by Judge Griffith for himself, Chief Judge Garland and Judge Henderson, reverses Chief Judge Royce Lamberth’s July 11, 2013 ruling partially invalidating the procedures on the grounds that . . .
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D.C. Circuit Overturns District Court’s Invalidation of GTMO Procedures in Counsel Access Case

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Friday, August 1, 2014 at 10:21 AM

Here is the panel’s opinion in Hatim v. Obama, which opens: GRIFFITH, Circuit Judge: Guantanamo Bay detainees challenge two new policies they claim place an undue burden on their ability to meet with their lawyers. The district court upheld the detainees’ challenge, but we reverse, concluding that the new policies are reasonable security precautions.

Pre-Abu Khattala: Yunis, That 1987 Shipboard Terrorist Interrogation Case

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Tuesday, July 1, 2014 at 10:00 AM

Ahmed Abu Khattala is not the first person to be whisked onto a ship in the Middle East by U.S. forces, interrogated aboard, and then dropped in a U.S. court. There are some recent famous cases, of course, but there are also some older ones—one of which, in particular, may have precedential value for the . . .
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Allaithi v. Rumsfeld: D.C. Circuit Affirms

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Tuesday, June 10, 2014 at 2:06 PM

A three-judge panel of the D.C. Circuit handed down its decision in Allaithi v. Rumsfeld today, affirming the district court’s ruling that six detainees subjected to prolonged detention and alleged mistreatment at Guantanamo did not sufficiently allege that the officials who authorized and supervised their detention acted outside the scope of their employment. At the outset, Judge Brown (also writing . . .
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Abstention, Balancing the Equities, and Armed Conflict in Al-Nashiri: A Reply to Steve Vladeck and Kevin Jon Heller

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Wednesday, May 7, 2014 at 7:35 AM

There’s much common ground evident in Steve’s reply to my earlier post on the effort of Abd Al-Nashiri, the accused mastermind of the USS Cole bombing, to enjoin his military commission trial.  Steve and I agree that the central question is whether the federal district court should abstain from exercising jurisdiction. Moreover, Steve is clearly right that . . .
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Confusing Jurisdiction, Abstention, and Substance: A Reply to Peter Margulies

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Tuesday, May 6, 2014 at 3:00 PM

It’s clear from his post this morning that my friend Peter Margulies believes that Al-Nashiri’s new habeas challenge to his trial by military commission, which rests on the claim that the United States was not involved in an armed conflict with al Qaeda at the time of his alleged crimes, is without merit. Unfortunately, Peter’s . . .
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Filings from Al-Nashiri’s Habeas Challenge in the D.C. District Court

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Friday, May 2, 2014 at 11:25 AM

You’ve likely heard: Abd al-Rahim al-Nashiri, a Guantanamo detainee facing capital military commission charges, last month mounted a new habeas challenge in the district court for D.C.  A few key documents in that litigation were made available yesterday, including Al-Nashiri’s motion for a preliminary injunction, which aims to stop his military trial pending resolution of . . .
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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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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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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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