Tuesday, February 21, 2012
Given Ben’s report on the oral argument, today’s fairly cryptic D.C. Circuit opinion in al-Zahrani v. Rodriguez, throwing out a damages suit arising out of the deaths of several inmates at Guantanamo, is hardly surprising. Writing for a himself and Judges Williams and Randolph, Chief Judge Sentelle held that the plaintiffs’ claims are barred by [...]
Also filed in Constitutional Rights, Detention, Guantanamo: Litigation, Guantanamo: Litigation: D.C. Circuit, Interrogation: Interrogation Abuses: Civil Liability
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Tagged A. Raymond Randolph, Al Zahrani v. Rodriguez, Bivens, David Sentelle, Military Commissions Act, Minneci v. Pollard, Rasul II, Stephen Williams
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Wednesday, February 15, 2012
Over at the Document Exploitation blog, Douglas Cox of the CUNY Law School has this very interesting post on redactions in the Alsabri Guantanamo habeas case–which was decided at the District Court level about a year ago and is now pending at the D.C. Circuit. It opens: A Guantanamo case currently awaiting an appellate decision from [...]
Wednesday, February 8, 2012
Raffaela is correct that there’s nothing terribly surprising in the D.C. Circuit’s Suleiman opinion, which was publicly released yesterday. In fact, the brief opinion–written by Judge Thomas Griffith for himself and Judges Merrick Garland and David Tatel–is notable chiefly for its routine tone in affirming a detention. Cases that were once ground-breaking–raising novel and difficult [...]
Tuesday, February 7, 2012
The D.C. Circuit’s affirmance of the District Court’s judgment in Suleiman v. Obama, which we noted two weeks ago, is available here. Nothing terribly surprising in the opinion, which was written by Judge Griffith.
Well, that didn’t take long. The government only submitted its opposition to Fayiz Mohammed Ahmed Al Kandari’s petition for en banc review on January 19. But the D.C. Circuit today denied the petition. A D.C. Circuit panel decided Al Kandari’s case in December, after cancelling oral arguments.
No big surprise here: The D.C. Circuit has affirmed the judgment of the District Court in upholding the detention of Guantanamo detainee Abdul-Rahman Abdo Abulghaith Suleiman’s appeal. The opinion has not been released yet, but the order is available here. When the redacted opinion, filed by Judge Thomas Griffith, is made available, we will post it. Read [...]
Thursday, January 26, 2012
I don’t normally agree on detention policy matters with Seton Hall’s Mark Denbeaux–and there’s certainly some rhetoric in this piece in Jurist that I would never use and conclusiosn I do not reach. That said, I recommend it to those interested in why Latif is a big deal, a point I have made more than once myself. Denbeaux’s article [...]
Thursday, January 19, 2012
As we noted at the end of December, Fayiz Mohammed Ahmed Al Kandari filed a motion for rehearing en banc in the D.C. Circuit, asking the court to consider whether Federal Rule of Evidence 1101(e) applies to Guantanamo habeas corpus cases. The 3-judge panel, composed of Judges Brett Kavanaugh, Laurence Silberman, and Douglas Ginsburg, issued a per [...]
Thursday, January 12, 2012
Last week, Ben was perplexed by the government’s reply in opposition to a motion for a preliminary injunction in a mysterious case brought by Mustafa al Hawsawi over Rear Adm. Woods’ recent order regarding monitoring of lawyer-client communications at Guantanamo. While the government’s response was available, Al Hawsawi’s brief and motion were nowhere to be found. The petitioner’s redacted brief , [...]
Tuesday, January 10, 2012
Peter Margulies of Roger Williams University School of Law has sent in two accounts of panel discussions at the annual meeting of the American Association of Law Schools. Here is the first: Federal Courts and National Security: A D.C. Circuit Judge and Scholars Find the Fault Lines In a provocative panel at the American Association of [...]
Also filed in Detention, Detention: Law of, International Law, Secrecy, Secrecy: State Secrets Privilege
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Tagged Brett Kavanaugh, Curt Bradly, Judith Resnik, Latif, Marty Lederman, Peter Margulies, Sarah Cleveland, Trevor Morrison, Vicki Jackson
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Wednesday, December 28, 2011
Fayiz Mohammed Ahmed Al-Kandari has filed a petition for rehearing en banc with the D.C. Circuit Court in his case against the U.S. His singular question is whether the Federal Rules of Evidence apply to habeas corpus cases brought by Guantanamo detainees. The D.C. Circuit decided his case earlier this month, after cancelling oral arguments. [...]
Thursday, December 15, 2011
Last week, Nazul Gul and Adel Hassan Amad – both former Guantanamo detainees who were transferred by the United States to their home nations before their habeas petitions were resolved – sought a writ of certiorari from the Supreme Court. Readers will recall that the United States, in transferring the two men, stated that the transfer did not [...]
Wednesday, December 14, 2011
Uthman Abdul Rahim Mohammed Uthman responds to the government’s argument against his cert petition in his new reply brief, available here. It opens: The petition in this case presents in stark terms the D.C. Circuit’s failure to articulate and apply a standard for detention of the Guantánamo prisoners that places any meaningful limits on the Executive Branch’s detention [...]
Wednesday, December 14, 2011
At least, Adam Liptak does in a well-worth-reading column about Latif. Take that, editorial staff! On a more serious note, here’s the money quote: Latif is the next great Guantánamo case–whether the Supreme Court agrees to hear it or not. As things stand now, Judge Tatel wrote, “it is hard to see what is left of [...]
Also filed in Detention, Detention: Law of, Guantanamo, Guantanamo: Litigation, Guantanamo: Litigation: D.C. Circuit, Guantanamo: Litigation: Supreme Court, Media Criticism
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Tagged Adam Liptak, Almerfedi, David Tatel, Latif, New York Times, Uthman
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Monday, December 12, 2011
Whatever else one might say about the D.C. Circuit’s jurisprudence in the Guantanamo litigation, it’s certainly been a jobs program… To that end, I thought I’d post the (just-published) final version of an essay of mine in the Seton Hall Law Review that attempts objectively to evaluate the charge that the Court of Appeals has been [...]
Also filed in Detention, Detention: Law of, Detention: Law of: District Court Development, Detention: Law of: Supreme Court Development, Detention: Non-Guantanamo Habeas Litigation, Guantanamo, Guantanamo Litigation: District Court, Guantanamo: Litigation, Guantanamo: Litigation: D.C. Circuit, Guantanamo: Litigation: Supreme Court, Guantanamo: Transfers and Resettlement, Scholarship
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The D.C. Circuit has decided the case of Fayiz Mohammed Ahmed Al Kandari, a Guantanamo habeas petitioner. The writing has been on the wall for Al Kandari since the court abruptly canceled oral arguments in his case. The unpublished per curiam judgment, by Judges Brett Kavanaugh, Laurence Silberman, and Douglas Ginsburg, reads as follows: The petitioner argues [...]
The government has, unsurprisingly, filed a brief in opposition to Uthman Abdul Rahim Mohammed Uthman’s cert petition. Uthman, a Guantanamo habeas petitioner, had asked the Supreme Court to review this decision by the D.C. Circuit Court of Appeals affirming the legality of his detention. The government presents the question in the case as follows: Whether [...]
Monday, November 21, 2011
Daphne Eviatar of Human Rights First writes in with the following comments on Latif and the detention provisions of the NDAA: There’s already been great commentary on the Latif case here from Ben, Sabin Willett and others. On Sunday the New York Times editorial board weighed in, writing that the D.C. Circuit Court in the [...]
Also filed in Detention, Detention: Law of, Detention: Law of: Legislative Development, Guantanamo, Guantanamo: Legislation, Guantanamo: Litigation, Guantanamo: Litigation: D.C. Circuit, NDAA
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Tagged David Tatel, Latif, New York Times, Sabin Willett
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Sunday, November 20, 2011
What do you think the chances are that the New York Times editorial folks could have managed to produce this editorial–and without any glaring factual errors–without having read this post and this one and this one? And isn’t it fun to imagine how much it must have burned them up to rely so heavily on Lawfare? [...]
Thursday, November 17, 2011
Sabin Willett, who represented the Guantanamo Uighurs in Parhat and Kiyemba, writes in with the following comments about Latif: It is not hyperventilation to say, as so many have said, that Latif guts Boumediene, because — trust me — every prisoner has an intelligence report. Now the prisoner hasn’t just lost his judicial remedy to [...]
Also filed in Detention, Detention: Law of, Guantanamo, Guantanamo: Litigation, Guantanamo: Litigation: D.C. Circuit
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Tagged Al Adahi, Bismullah, Boumediene, David Tatel, Gladys Kessler, Henry Kennedy, Kiyemba, Latif, Parhat, Sabin Willett
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Wednesday, November 16, 2011
When we last looked in on Al Maqaleh v. Gates, the case seeking to extend the right to federal habeas review for non-Afghan detainees held in the U.S.-controlled detention facility in Afghanistan, the petitioners and the government were briefing the government’s motion to dismiss. I will assume some reader familiarity with these developments, including that the [...]
Tuesday, November 15, 2011
I was going to write an oral argument preview this week for the D.C. Circuit’s coming oral argument in the case of Fayiz Mohammed Ahmed Al Kandari, the next Guantanamo habeas petitioner to come before the court. But, well, there’s not going to be an argument in Kandari. Why? The D.C. Circuit last week, on its [...]
Monday, November 14, 2011
Over at the Empty Wheel blog, Marcy Wheeler has a very impressive set of speculations regarding what the mysterious Report at issue in Latif (which I discuss at length here) might be. Here’s her bottom line: I think the document in question is a report with the serial number TD-314/00684-02 that I take to be the [...]
Saturday, November 12, 2011
The more I study the D.C. Circuit decision in Latif, the more important I think it is, and the more regrettable I think it probably is. I’m going to spread this out over two posts. In this one, which is going to be very long, I’m going to describe in some depth the arguments in [...]
Friday, November 11, 2011
Here’s my question: Why has there been virtually no press coverage of the Latif decision? Other than this article on CNN’s web page, which actually ignores the aspect of the case that makes it jurisprudentially important, a search on Google News reveals none (other than Lawfare stuff). Memo to the press: This case is important. [...]
