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Category Archives: Detention: Law of: District Court Development

Hobby Lobby at Guantanamo?

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

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

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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 . . .
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Read Out on Today’s GTMO Hunger Strike Hearing

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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 . . .
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DDC to GTMO: No Force Feeding Detainee Until Hearing

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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 . . .
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USG Filings in Al-Nashiri

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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, . . .
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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.

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

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

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

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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 . . .
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Government Shutdown? Guantanamo Detainee Seeks Oral Argument, Anyway

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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, . . .
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Tsarnaev Files Motion to Vacate Special Administrative Measures

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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, . . .
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USG Drops Opposition to Granting the Writ in GTMO Habeas Case

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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 . . .
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Detainee Challenges Constitutionality of NDAA Transfer Restrictions

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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 . . .
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USG Appeals DDC Counsel Access Ruling to DCCA; Obtains Stay

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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 . . .
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Another DDC Opinion Denying Preliminary Injunction Against Force-Feeding

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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 . . .
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DDC: GTMO Counsel Access Procedures Invalid

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Thursday, July 11, 2013 at 5:03 PM

It already had been quite a week in the GTMO habeas world.  And then came today’s important opinion and order from Chief Judge Royce Lamberth, regarding counsel access at Guantanamo. Lawyers for petitioner Saeed Mohammed Hatim and other detainees insisted that certain GTMO policies–particularly those regarding intrusive body searches, and the location of meetings between hunger strikers and their attorneys—unlawfully . . .
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A Commander in Chief Challenge to the Constitutionality of the Transfer Restrictions

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Thursday, July 11, 2013 at 7:18 AM

I’ve been waiting for a while for a detainee to make this argument: The transfer provisions of the NDAA violate the Commander in Chief clause. The brief itself is not yet public, but there’s an allusion to it in this filing in the habeas case of Guantanamo detainee Ahmed Adnan Ajam—which seeks leave to make public . . .
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Petitioners’ Reply Brief Filed in Force Feeding Dispute

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Friday, July 5, 2013 at 1:19 PM

We blogged earlier in the week about a motion brought by four detainees at Guantanamo—-Ahmed Belbacha, Nabil Hadjarab, Abu Wa’el (Jihad) Dhiab, and Shaker Aamer.  The quartet seeks a preliminary injunction against force feeding, and yesterday filed a reply brief. From that brief: The detention facility at Guantánamo Bay has become a festering wound of . . .
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USG Opposition to Detainees’ Motion for Preliminary Injunction to Stop GTMO Force-Feeding

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Wednesday, July 3, 2013 at 8:50 PM

Earlier this week Ben posted on a motion, brought by a group of Guantanamo detainees and asking the District Court to preliminarily enjoin force-feeding at the detention facility.  The court ordered the United States to respond almost immediately, and earlier today, it timely filed its opposition brief.  The opposition also cites a redacted declaration by . . .
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