Last year, Bobby, Larkin, and I released a paper entitled “The Emerging Law of Detention 2.0: The Guantanamo Habeas Cases as Lawmaking.” The paper promised to be a kind of living document:
Rather than simply produce a new
Another amicus brief has been filed in the D.C. Circuit appeal of the military commission of Ali Hamza Ahmad Suliman Al Bahlul, this time by former members of the U.S. Intelligence Community.
Arguing on behalf of Bahlul and in favor … Read more »
The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation abuses by the U.S. government. The case is … Read more »
Some court documents came in over the weekend:
Salim Ahmed Hamdan has filed his reply brief in his appeal in the D.C. Circuit Court. You can read it in full here. The summary of the argument is excerpted here:… Read more »
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 … Read more »
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 … Read more »
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 … Read more »
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.… Read more »
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 … Read more »
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… Read more »
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 … Read more »
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. … Read more »
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 … Read more »
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
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 … Read more »
