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; … Read more »
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 … Read more »
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, … Read more »
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 … Read more »
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
… Read more »
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 … Read more »
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, … Read more »
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 … Read more »
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 … Read more »
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 … Read more »
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 … Read more »
We are very pleased to announce Lawfare‘s first e-book, Lawfare on the National Defense Authorization Acts, which is now available in Kindle format on Amazon for $4.99. The book, edited and with a narrative introduction by Alan, is … Read more »
In 2010, Yemeni detainee Hani Abdullah had sought a preliminary injunction from the district court. He argued that the United States had to treat him in accordance with an executive agreement concluded between the United States and Yemen, which obligated … Read more »
Today, counsel for Saeed Mohammed Hatim filed an “Emergency Motion Concerning Access to Counsel,” both in the Yemeni detainee’s recently reactivated habeas action, and in In Re: Guantanamo Bay Detainee Continued Access to Counsel, a separate matter on … Read more »
We’ve written a fair amount already about Chief Judge Lamberth’s September 2012 decision regarding the Guantánamo detainees’ continuing right of access to counsel (not to mention his March 2013 decision criticizing the government for its foot-dragging in declassifying various filings … Read more »
That’s the gist of this report, filed earlier today by Politico’s Josh Gerstein:
A federal judge declined Monday to take action on behalf of a hunger-striking prisoner at Guantanamo Bay whose attorneys say his life is in danger
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Yesterday, pursuant to Judge Thomas Hogan’s recent order, lawyers for habeas petitioner Musa’ab Omar al-Madhwani filed a brief addressing the district court’s jurisdiction to hear al-Madhwani’s emergency challenge to the conditions of his confinement at Guantanamo.
The detainee—who is … Read more »
Earlier today, in Anam et. al. v. Obama, the district court sought further briefing on its power to hear a GTMO detainee’s complaints of mistreatment by detention personnel.
Background: an April 15 hearing had been set on hunger striker … Read more »