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

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

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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 . . .
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A Cert Petition in Hedges v. Obama

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Monday, December 30, 2013 at 3:00 PM

It was filed two Mondays ago, evidently, in this long-running detention case; I’ve only seen the Westlaw version, which interested readers can access here.

Abdullah Files His Reply-Brief Before the D.C. Circuit

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Monday, December 30, 2013 at 12:17 PM

As Raffaela previously noted, the case of Abdullah v. Obama is an exercise in “heel dragging and losing arguments.” A brief refresher on the case: the legal saga started when Guantanamo detainee Hani Saleh Rashid Abdullah filed a habeas petition. The petition went unanswered. Accordingly, Abdullah switched tactics and instead moved for a preliminary injunction against his . . .
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Al Laithi Reply Brief Before the D.C. Circuit: Defining the Scope of Employment

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Friday, December 27, 2013 at 7:54 AM

In response to the government’s brief, counsel for the Plaintiffs in Al Laithi v. Rumsfeld et. al.  filed a reply brief on Dec. 18th.  (The Plaintiffs—all former Guantanamo detainees—allege various abuses at the hands of U.S. government officials, and seek, among other things, civil damages from the officials in their individual capacities.) For the most part, the Plaintiffs chose . . .
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D.C. Circuit Dismisses Bagram Habeas Petitions

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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 . . .
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Detainees Move for Complete Copy of Revised Force-Feeding Protocols

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Wednesday, December 18, 2013 at 9:31 PM

The appellants in Aamer v. Obama have spent the last month battling the government for a complete copy of recently revised Guantanamo force-feeding protocols, according to a motion filed by the detainees on Monday. The motion notes that the government at one point sent detainees’ counsel a copy that was missing the section on the . . .
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Government Says No Additional Briefing Needed to Address Revised Force-Feeding Protocols

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Monday, December 16, 2013 at 6:00 PM

More back-and-forth in the force-feeding case Aamer v. Obama, on appeal before the D.C. Circuit.  Last Wednesday, the government filed a response to the detainees’ Dec. 4 letter asserting the need for additional briefing addressing the substance of the revised force-feeding protocols  if the Court intends to address the merits of their challenge to the . . .
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A Duel of Letters in the Counsel Access Case

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Monday, December 16, 2013 at 1:00 PM

The nearly-singular focus of last week’s oral argument in Hatim v. Obama, the counsel access case, was the intrusiveness of JTF-GTMO’s genital-area searches. That focus hasn’t at all shifted, judging by last Friday’s letter filing from the Department of Justice. Both sides have characterized the search process, and in a manner consistent with their litigating positions. At . . .
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Linda Greenhouse on “The Mirror of Guantanamo”

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Thursday, December 12, 2013 at 7:26 AM

Linda Greenhouse has a thoughtful column over at the New York Times entitled “The Mirror of Guantanamo” about the Abdul Razak Ali case—about which I wrote some thoughts last week. Ten years ago, Greenhouse notes, the courts first delved into the Guantanamo issue: It was on Nov. 10, 2003, that the Supreme Court surprised much of . . .
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