Skip to content

Category Archives: Detention: Law of: District Court Development

Court Denies Preliminary Injunction in GTMO Force-Feeding Case

By
Monday, November 10, 2014 at 11:15 AM

On Friday, Judge Gladys Kessler of the United States District Court for the District of Columbia denied detainee Abu Wa’el Dhiab’s bid for a preliminary injunction against certain Guantanamo force-feeding procedures. The court’s memorandum opinion concludes as follows: For the reasons stated above, the Court concludes that the Petitioner’s Application for a Preliminary Injunction must be . . .
Read more »

Dhiab Preliminary Injunction Hearing Read-Out, Part Two

By and
Wednesday, October 8, 2014 at 1:11 PM

We continue with our coverage of a preliminary injunction hearing in the case of Guantanamo detainee and intermittent hunger-striker Abu Wa’El (Jihad) Dhiab. As before, we recount the prior day’s proceedings in summary fashion. In short, the day saw further cross-examination of one of the detainee’s experts, Dr. Stephen Xenakis; direct and cross-examination of another expert, . . .
Read more »

Dhiab Preliminary Injunction Hearing Read-Out: Part One

By and
Tuesday, October 7, 2014 at 10:38 AM

Below you’ll find a read-out on the first of a three-day, preliminary injunction hearing in the case of Guantanamo detainee and intermittent hunger-striker Abu Wa’El (Jihad) Dhiab. The Syrian national’s habeas case is likely familiar to readers by now. He has been cleared for release, and awaits a possible transfer to Uruguay after the latter’s upcoming . . .
Read more »

Judge Kessler’s Videotape Order and the Costs of Crying Wolf

By
Saturday, October 4, 2014 at 9:57 AM

The First Amendment question in Judge Kessler’s opinion in support of her Order directing the videotapes of Abu Wa’el Dhiab’s forced feedings to be unsealed (see Jane’s summary) is whether the public’s presumptive right of access is outweighed by the government’s well-specified “compelling interest” in keeping the classified tapes sealed.  The Government claims there are five . . .
Read more »

Hobby Lobby at Guantanamo?

By
Monday, July 7, 2014 at 9:39 AM

Have a look at this emergency motion for a temporary restraining order, filed Thursday by attorneys for Guantanamo detainee Imad Hassan. It opens: This motion seeks a temporary restraining order (TRO) prohibiting Respondents from depriving Petitioner of the right to participate in communal prayers during the Islamic holy month of Ramadan, which commenced this year on June 28. . . .
Read more »

The Uncertain Future of Military Detention Authority as “Combat Operations” in Afghanistan End

By
Tuesday, May 27, 2014 at 4:23 PM

Scooping his own speech tomorrow at West Point, President Obama today announced his decision on future US force levels in Afghanistan.  Assuming that the winner of the Afghan presidential election will indeed sign the new Bilateral Security Agreement (which both leading candidates have pledged to do), the US will: – reduce its presence to 9800 . . .
Read more »

DDC Declines to Reissue TRO in Dhiab Hunger Strike Case, Blasts DoD “Intransigence”

By
Friday, May 23, 2014 at 9:11 AM

Earlier in the week, I wondered aloud about the future of a temporary restraining order, entered by Judge Gladys Kessler and temporarily banning the force feeding of Guantanamo detainee Abu Wa’el Dhiab.  The court had called a status conference on Wednesday, and there addressed various discovery issues.  But Judge Kessler pointedly did not say what . . .
Read more »

Read Out on Today’s GTMO Hunger Strike Hearing

By
Wednesday, May 21, 2014 at 3:08 PM

Last week, U.S. District Judge Gladys Kessler entered a temporary restraining order in a habeas case filed by Guantanamo detainee Jihad Dhiab. Among other things, and most interestingly, her ruling temporarily forbade the government from engaging in “any Forcible Cell Extractions of Petitioner for purposes of enteral feeding and any enteral feeding of Petitioner until . . .
Read more »

DDC to GTMO: No Force Feeding Detainee Until Hearing

By
Friday, May 16, 2014 at 7:44 PM

That’s perhaps the most eye-catching feature of this just-issued preservation order from U.S. District Judge Gladys Kessler. It reads, in pertinent part: On April 18, 2014, Petitioner Mohammed Abu Wa’el (Jihad) Dhiab filed an Application for Preliminary Injunction and an Immediate Order for Disclosure of Protocols Forthwith [Dkt. No. 203]. On May 2, 2014, the Court set a Motion . . .
Read more »

USG Filings in Al-Nashiri

By
Friday, May 16, 2014 at 1:00 PM

There are two: a cross-motion to hold Al-Nashiri’s habeas case in abeyance, pending resolution of his military commission trial at Guantanamo; and a legal memorandum setting forth the government’s arguments, both in support of its motion and in opposition to Al-Nashiri’s bid to have the habeas court preliminarily enjoin the commission.   You’ll find both here, . . .
Read more »

A Cert Petition in Hedges v. Obama

By
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.

Overview of Restrictions on Counsel in the Tsarnaev and 9/11 Cases

By and
Monday, December 2, 2013 at 3:00 PM

From the defense’s standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions? Accused Boston Marathon bomber Dzhokhar Tsarnaev is currently challenging Special Administrative Measures (SAMs) imposed on him and his attorneys; Judge George O’Toole of the United States District Court for the District of Massachusetts heard argument on . . .
Read more »

Tsarnaev Files Reply in Support of Motion to Vacate Special Administrative Measures

By
Friday, November 8, 2013 at 11:00 AM

On Monday, accused Boston Marathon bomber Dzhokhar Tsarnaev filed his reply to the government’s response to his motion to vacate special administrative measures (SAMs) imposed on him and his attorneys. In his filing, Tsarnaev rejects the government’s claim that the court lacks jurisdiction to consider his motion, and he reiterates that the measures are not properly authorized and violate the Constitution. Tsarnaev opens . . .
Read more »

Government Files Response to Tsarnaev’s Motion to Vacate Special Administrative Measures

By
Wednesday, October 30, 2013 at 7:00 AM

Last Monday, the government filed its response to accused Boston Marathon bomber Dzhokhar Tsarnaev’s motion to vacate the special administrative measures (SAMs) imposed on him and his attorneys. (We previously described the measures and Tsarnaev’s challenge here.) In essence, the opposition filing makes two arguments: first, that the court lacks jurisdiction to consider Tsarnaev’s motion because he failed to exhaust his . . .
Read more »

Government Shutdown? Guantanamo Detainee Seeks Oral Argument, Anyway

By
Thursday, October 10, 2013 at 5:37 PM

An intriguing development in a Guantanamo-related case ongoing during the government shutdown: detainee Ahmed Adnan Ajam, who challenges Guantanamo transfer restrictions as incompatible with the Constitution’s Commander in Chief Clause (a unique twist, as Ben’s pointed out), this week asked District Court Judge Royce Lamberth to schedule oral argument on his motion for partial summary judgment.  That is, . . .
Read more »

Tsarnaev Files Motion to Vacate Special Administrative Measures

By
Monday, October 7, 2013 at 8:00 AM

Last Wednesday, accused Boston Marathon bomber Dzhokhar Tsarnaev filed a motion to vacate special administrative measures (SAMs) imposed on him and his attorneys. In his motion, Tsarnaev argues that the government has not alleged facts sufficient to justify the measures—essentially a package of additional security restrictions—and that the measures violate the First, Fifth, and Sixth Amendments. Lawfare will cover the defense challenge, . . .
Read more »

USG Drops Opposition to Granting the Writ in GTMO Habeas Case

By
Wednesday, October 2, 2013 at 8:33 PM

That is the gist of this quite important filing, made today by the Justice Department, in the case of Idris v. Obama.  It begins: Respondents respectfully submit this response to Petitioner’s Motion for Judgment on His Petition for a Writ of Habeas Corpus (“Petitioner’s Motion”). Dkt. No. 270.1 As explained below, Respondents hereby withdraw their reliance . . .
Read more »

Detainee Challenges Constitutionality of NDAA Transfer Restrictions

By
Saturday, August 17, 2013 at 6:32 AM

Yesterday, Guantanamo detainee Ahmed Adnan Ajam filed a motion for partial summary judgment and for declaratory relief in his habeas suit before the D.C. District Court. Ajam’s case takes a new approach to Guantanamo habeas litigation: Ajam challenges Section 1028 of the National Defense Authorization Act—the section which imposes detainee transfer restrictions on the President—as . . .
Read more »

USG Appeals DDC Counsel Access Ruling to DCCA; Obtains Stay

By
Wednesday, July 17, 2013 at 3:47 PM

The order entering the stay, by Circuit Judges Rogers, Brown, and Kavanaugh, is here.  It essentially pauses enforcement of last week’s order, by Judge Royce Lamberth, that partially invalidated certain GTMO detainee screening and other procedures. The last 24 hours have seen some pretty intensive litigation over the order.  Yesterday, counsel for GTMO detainee Hayal Al-Mitali . . .
Read more »

Another DDC Opinion Denying Preliminary Injunction Against Force-Feeding

By
Tuesday, July 16, 2013 at 4:11 PM

Judge Rosemary Collyer today denied the three remaining motions for a preliminary injunction against force feeding at Guantanamo, concluding that she lacked jurisdiction over the motions.  Judge Collyer reasoned, much as another judge on the same court, Judge Gladys Kessler, had last week, that 28 U.S.C. § 2241(e)(2) precluded Guantanamo detainees from challenging the force feeding regime. The broad similarities between the two rulings . . .
Read more »