Amidst all the hubbub earlier this week, we neglected to note the filing of a new cert. petition in a Guantánamo habeas case–in Obaydullah v. Obama, filed in the Supreme Court on Tuesday. Our coverage of the D.C. Circuit’s … Read more »
Earlier this week, the Supreme Court decided not to review the case of Suleiman v. Obama. No surprise there; the justices hardly seem to wish to wade into detention issues these days. (By way of background, the court of … Read more »
Remember Suleiman v. Obama? That’s the habeas case in which the petitioner had claimed, among other things, that he could not be detained because he was merely a Taliban functionary who never took up arms against the United States. The … Read more »
I’m happy to report that I’ve recently completed drafting an article that has been much on my mind for the past few years. Beyond the Battlefield, Beyond al Qaeda: The Destabilizing Legal Architecture of Counterterrorism (Michigan Law Review, forthcoming 2013) … Read more »
For those D.C.-area Lawfarers interested in continuing the conversation Ben, Bobby, and I had in June about Boumediene‘s legacy (or lack thereof), the Constitution Project is hosting what promises to be a lively discussion of the topic @ Covington … Read more »
One of the more obscure habeas cases of the last few years has been El Falesteny v. Obama. The case’s key documents were sealed, both on appeal to the D.C. Circuit and during certiorari-phase litigation at the Supreme … Read more »
I actually don’t have much to say, now that it’s here, on the New York Times editorial on the detention case cert denials. It is almost exactly the editorial I predicted the Times would run (“the inevitable editorial bashing the … Read more »
At the risk of boring readers who have long-since grown tired of this exchange, let me just offer three quick responses to Bobby’s thoughtful intervention in the back-and-forth between Ben and me on whether the D.C. Circuit really did actively … Read more »
I’m pleased to see that Ben largely agrees with my reaction to the Guantanamo cert. denials. But Ben goes on to rehash a point he has made before about the meaning of “meaningful” habeas review–and with which I rather vehemently … Read more »
Being in a time zone very far from home, I am late to the discussion of the cert denials in the Guantanamo cases. I have only one thought to offer beyond what Steve said earlier–with which I almost entirely … Read more »
As Wells already noted, the Supreme Court denied certiorari today without notation or dissent in all of the seven pending Guantanamo “merits” habeas cases (i.e., cases where the central issue goes to whether the government has proven … Read more »
That’s the outcome of orders from the Supreme Court today, an across-the-board denial of review in seven Guantanamo habeas cases: Latif, Al-Bihani, Uthman, Almerfedi, Al-Kandari, Al-Madhwani, and Al-Alwi. For good measure, the Court also voted not to take up … Read more »
I have resisted linking to the latest updates to Bobby, Larkin, and my paper–The Emerging Law of Detention 2.0: The Guantanamo Habeas Cases as Lawmaking–because the redesign of the Brookings web site temporarily messed up a bunch of … Read more »
This morning’s Supreme Court orders list makes no mention of the unresolved petitions in several Guantanamo-related cases. That means a re-listing for the justices’ conference this Thursday.
Stay tuned . . . again.
Over at SCOTUSblog, Lyle Deniston yesterday noted that, according to the Supreme Court’s electronic docket, the Court’s Thursday conference will address seven petitions for review in detainee-related cases. Action on one or more of them could mean orders as early … Read more »
The Supreme Court issued orders this morning – but, as before, took no action on several Guantanamo-related petitions for certiorari.
The Supreme Court orders list just came down, and there appears to have been no cert action on any of the Guantanamo cases on which cert decisions were expected.
As usual, SCOTUSblog has a helpful post summarizing some of the key petitions for certiorari that the Supreme Court’s nine Justices are set to review at their Conference this Friday. I just thought I’d flag it here because two of … Read more »
The government’s opposition to cert in Latif is now public. The government argues that “The decision of the Court of Appeals is correct and does not conflict with any decision of this Court or any other court of appeals. Further … Read more »
Last week, we brought you the first sets of filings in Moath Hamza Ahmed Al Alwi’s petition for a writ of certiorari. Al Alwi has now filed his reply to the government’s brief opposing his cert petition.
The reply advances … Read more »
Two new amicus briefs concerning the petition for a writ of certiorari in Latif.
The first is on behalf of thirteen retired federal judges, who offer four main arguments:
As This Court Recognized In Boumediene, Meaningful Habeas Review
… Read more »
The government filed its opposition to cert in the case of Moath Hamza Ahmed Al Alwi–a Guantanamo habeas petitioner. Al Alwi filed a petition for a writ of certiorari back in December, though we missed it at the time. He … Read more »
Raffaela linked to this the other day, but I only now just got around to reading it. Lyle Denniston at SCOTUSblog has an interesting piece on the various cert petitions in Guantanamo cases now pending before the Supreme Court. While … Read more »
Someone pointed out to me yesterday that in the recent Al Kandari cert petition, there is exactly one secondary source site: a Lawfare post. (See pp. vii and p. 12).
Fayiz Mohammad Al Kandari, a Guantanamo detainee, has filed a petition for a writ of certiorari in his habeas case. This comes after the D.C. Circuit denied his petition for en banc review in late January.
The petition opens:
… Read more »
The reply brief in support of certiorari in Al-Madhwani v. Obama has been filed. We earlier posted Al Madhwani’s cert petition and the government’s opposition to cert. Al-Madhwani is seeking review of this DC Circuit opinion affirming his detention. … Read more »
The government has filed its opposition to cert in the case of Al Madhwani v. Obama–a Guantanamo habeas case. Al Madhwani’s cert petition seeks review of this DC Circuit opinion affirming his detention. That opinion, in turn, affirmed District … Read more »
Here it is–redactions and all. Enjoy!
The cert petition in Latif has been filed. So far, only the questions presented have been released publicly. They are as follows:
1. Whether requiring the district court to presume the accuracy of intelligence reports denies Guantanamo habeas petitioners the
… Read more »
Counsel for Guantanamo habeas petitioners Uthman, Almerfedi, and Latif–all of whom have cert petitions pending or imminent–have asked the Supreme Court to hold off on deciding whether to grant until the petitions can be considered in concert. In … Read more »
Last week, Nazul Gul and Adel Hassan Amad – both former Guantanamo detainees who were transferred by the United States to their home nations before their habeas petitions were resolved – sought a writ of certiorari from the Supreme Court. … Read more »
Uthman Abdul Rahim Mohammed Uthman responds to the government’s argument against his cert petition in his new reply brief, available here. It opens:
The petition in this case presents in stark terms the D.C. Circuit’s failure to articulate and
… Read more »
Whatever else one might say about the D.C. Circuit’s jurisprudence in the Guantanamo litigation, it’s certainly been a jobs program… To that end, I thought I’d post the (just-published) final version of an essay of mine in the Seton Hall … Read more »
The government has, unsurprisingly, filed a brief in opposition to Uthman Abdul Rahim Mohammed Uthman’s cert petition. Uthman, a Guantanamo habeas petitioner, had asked the Supreme Court to review this decision by the D.C. Circuit Court of Appeals affirming … Read more »
What do you think the chances are that the New York Times editorial folks could have managed to produce this editorial–and without any glaring factual errors–without having read this post and this one and this one? And isn’t … Read more »
Hussain Salem Mohammed Almerfedi, a Guantanamo habeas petitioner, has filed a cert petition that presents the following questions:
1. Whether the Authorization for Use of Military Force, Pub. L. No. 107-40, § 2(a), 115 Stat. 224 (2001) (“AUMF’), or Boumediene
… Read more »
Uthman Abdul Rahim Mohammed Uthman, a Guantanamo habeas petitioner, has filed a cert petition, asking the Supreme Court to review the D.C. Circuit’s March decision in his case. The cert petition presents two questions for review:
… Read more »
It comes in the case of Abdah and is available here, posing the following question:
Whether, in a habeas corpus action, a Guantánamo detainee has a right to challenge his transfer to a
foreign country on the ground that
… Read more »
Several pieces in the news today may be of interest to Lawfare Readers.
The Washington Post reports on the Pentagon’s list of critical cyber-weapons:
The Pentagon has developed a list of cyber-weapons and -tools, including viruses that can sabotage an
… Read more »
The Supreme Court has reversed the Ninth Circuit in al-Kidd v. Ashcroft, a Bivens action in which the plaintiff alleges (among other things) that then-Attorney General John Ashcroft violated the Fourth Amendment by directing prosecutors to use the material … Read more »
Last Wednesday counsel for Toffiq Al Bihani filed a petition for certiorari in the Supreme Court. Readers may recall that the D.C. Circuit summarily affirmed Judge Reggie Walton’s 2010 decision denying Toffiq Nasser Awad Al Bihani the writ.
The petition … Read more »
The other day, I expressed bewilderment at the intellectual convergence between the political Left and Judge Laurence Silberman over whether post-Boumediene litigation has left habeas an empty shell. I’ve been mostly out of pocket for the last two days, … Read more »
One GTMO-related case—Khadr v. Obama (No. 10-751) remains pending before the Supreme Court at the certiorari stage, and it has just been re-listed for the first time (Kiyemba, in which the Court just denied cert., was re-listed … Read more »
Today the Supreme Court denied cert. to the five Uighur detainees held at Guantanamo. The Uighurs had asked the Court to determine that a federal judge who has granted a detainee’s habeas petition also has the judicial power to direct … Read more »
Today counsel for the five Kiyemba v. Obama petitioners who are seeking cert. in the Supreme Court submitted a supplemental brief to augment some of the arguments they made in their petition and reply brief. I’ve previously explained the … Read more »
The recent decision from the D.C. Circuit (the Esmail affirmance), and Supreme Court’s recent cert. denials in several cases, warrant an update to our habeas numbers. Before we get to that, however, it seemed appropriate to correct a … Read more »
Judge Laurence Silberman’s concurring opinion today in Esmail makes three points, each of them warranting comment. I have enormous regard for Judge Silberman, and I critique his opinion with caution. But I confess myself a little perplexed by it. The … Read more »