Just as the great post-2008 wave of GTMO habeas litigation winds down, it appears to be time, at last, to revive the Periodic Review Board system at GTMO.
DOD breaks the news here (text reprinted below the fold). Of course, … Read more »
August 12 is the 64th anniversary of the signing of the Geneva Conventions. As a candidate, Senator Obama was highly critical of the Bush Administration’s non-application of the Geneva Conventions to detained members of al-Qaida and the Taliban. His … Read more »
Judge Lewis Kaplan’s excellent Second Circuit opinion in Hedges yesterday should end the controversy over whether the 2012 NDAA expands or merely codifies the government’s AUMF detention authority—though it almost surely won’t. The key discussion begins on page 33 and … Read more »
Last Thursday, Judge Gerald Bruce Lee of the U.S. District Court for the Eastern District of Virginia granted motions to dismiss the suit of a former Guantánamo detainee in Ameur v. Gates for lack of subject-matter jurisdiction.
Mammar Ameur, an … Read more »
On Monday, the Ninth Circuit heard argument in Hamad v. Gates and Al-Nashiri v. MacDonald, two civil cases involving Guantanamo. You can find audio recordings of the arguments here and here, respectively.
By way of overview, Hamad is a … Read more »
In his speech today, President Obama explicitly raised this perennial, maddeningly difficult issue. But he stopped well short of proposing a solution. Instead he said that “once we commit to a process of closing GTMO, I am confident that … Read more »
Peter Margulies recently discussed the effect of the Supreme Court’s recent decision in Clapper v. Amnesty International USA denying standing to plaintiffs challenging the NSA’s warrantless wiretapping program on the ongoing litigation in Hedges v. Obama. (Steve made a … Read more »
See this letter from Deputy Assistant Secretary of Defense Lietzau, on behalf of Secretary Hagel…
At bottom, it seems increasingly clear that there are two very different accounts out there about what’s happening on the ground at Guantánamo–that provided by … Read more »
Ben has already noted that the United States and Afghahnistan struck a deal to resume the process of handing over the remnants of U.S. detention operations in Afghanistan–a process that hit a rough patch recently when it began to appear … Read more »
From the Hedges files: attorneys for Senators McCain, Ayotte, and Graham yesterday submitted this reply brief in support of their motion to participate in oral argument before the Second Circuit. (The Hedges plaintiffs had opposed amici’s request to take part.)… Read more »
Andrew Kent (Fordham University School of Law) has posted a new paper to SSRN, “Judicial Review for Enemy Fighters: The Court’s Fateful Turn in Ex Parte Quirin, the Nazi Saboteur Case.” (66 Vanderbilt Law Review 101 (2013).) Professor Kent will … Read more »
Senators John McCain, Lindsey Graham, and Kelly Ayotte—who jointly filed an amicus brief in the Hedges appeal—are asking for argument time in the coming Second Circuit oral argument. They argue:
Senate Amici played a leadership role in the drafting
… Read more »
According to a notation on the Supreme Court’s docket, Justice Ruth Bader Ginsburg has denied the plaintiffs’ motion to vacate the stay entered by the Second Circuit in Hedges v. Obama. Thus the Court of Appeals’ interim order—which blocked … Read more »
The European Court of Human Rights (“ECHR”) today held that Macedonia had violated the rights of Khaled El-Masri. In 2003 El-Masri, a German national, was confused for a similarly-named terrorism suspect, and then, among other things, allegedly taken to Afghanistan—where … Read more »
To the day’s tally of important national security law filings, add this: the appellees’ brief in Hedges v. Obama.
The below comes from the brief’s argument section:
Comparing the text of the two enactments shows that the NDAA §1021(b)(2)
… Read more »
First up: on Monday the Hedges plaintiffs, with the United States’ consent, sought additional time with which to file their response brief. (From the docket, it seems the plaintiffs actually had requested the delay a few days prior; the clerk, … Read more »
So reports ABC News: Ali Mussa Daqduq—background on him here—is now a free man.
A Hezbollah commander wanted by the United States has been released from Iraqi custody and returned to the Lebanese capital on Friday,
… Read more »
Attorneys for Senators John McCain, Lindsey Graham, and Kelly Ayotte—all members of the Senate Committee on Armed Services—have filed an amicus brief in support of the government in Hedges v. Obama. (Background here.)
From the brief’s “Introduction and Summary … Read more »
Briefing is now complete on the government’s motion to stay pending appeal in Hedges v. Obama. (You’ll recall that a circuit judge already stayed the district court’s order temporarily, pending resolution of the government’s stay request. ) The plaintiffs’ … Read more »
Chris Hedges yesterday put out this op-ed about the case bearing his name—in which, as doubtless you know by now, a district judge recently enjoined the enforcement of Section 1021(b)(2) of the NDAA. (The article seems to be superseded by … Read more »