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Category Archives: Guantanamo

Appellees File for En Banc Rehearing in Hatim v. Obama

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Tuesday, September 16, 2014 at 10:00 AM

Yesterday petitioner-appellees Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif filed a joint motion for en banc rehearing in Hatim v. Obama, the counsel access case. The detainees seek review of a three-judge D.C. Circuit panel’s August 1, 2014 decision upholding the constitutionality of security procedures instituted at Guantanamo in 2012 and 2013, including genital searches before and after detainees . . .
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Get Yer Guantanamo Recidivism Report Here!

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Monday, September 8, 2014 at 12:03 PM

The latest DNI Guantanamo recidivism report is available here. The last such report is here. As you’ll see, not a a lot of change. Here are the numbers:                            

CA2 Affirms SDNY Denial of FOIA Suit for Al-Qahtani Photos

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Tuesday, September 2, 2014 at 11:41 AM

That seems to be the sum and substance of the Second Circuit’s ruling today.  The 3-judge panel’s decision opens: Appellant Center for Constitutional Rights seeks disclosure by the government, pursuant to the Freedom of Information Act (“FOIA”), of certain videos and photographs of a high profile Guantanamo Bay detainee, Mohammed al‐Qahtani, who is believed to be the so‐called “20th hijacker” . . .
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U.S. News Gets it Wrong on Guantanamo and Foley’s Killer

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Tuesday, August 26, 2014 at 11:27 AM

If terrorist capture comes, can a debate over Guantanamo vs. federal court be far behind? Apparently not. This time, the debate is coming even before the terrorist’s capture—or even his positive identification. And U.S. News and World Report, at least, is getting the answer wrong. The magazine reports that “Legal experts say it’s possible the jihadist who beheaded American . . .
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Detainees File Petition for Rehearing En Banc in Allaithi v. Rumsfeld

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Tuesday, August 26, 2014 at 8:58 AM

Yesterday, plaintiff-appellants in Allaithi v. Rumsfeld filed their petition for a rehearing en banc, two months after the D.C. Circuit affirmed the district court’s ruling that six detainees subjected to prolonged detention and alleged mistreatment at Guantanamo did not sufficiently allege that the officials who authorized and supervised their detention acted outside the scope of their . . .
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Abdul Razak Ali Replies to His Own Cert Petition

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Saturday, August 23, 2014 at 4:00 PM

Here’s a novelty: Guantanamo detainee Abdul Razak Ali—whose case we have written about a fair bit—has filed a reply brief in response to his own cert petition. Here’s how it opens: Petitioner Abdul Razak Ali respectfully submits this reply brief in further support of his petition for certiorari with respect to the Decision and Order of the . . .
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Administration Response to GAO Report on Bergdahl

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Saturday, August 23, 2014 at 12:00 PM

Here’s the government’s response to the GAO report, to which Wells linked yesterday, concluding that the Bergdahl trade violated the law. A statement from Pentagon Press Secretary Rear Admiral John Kirby reads: As Secretary Hagel has testified before Congress, the recovery of SGT Bergdahl was conducted lawfully. This decision was made after consultation with the Department . . .
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GAO: Defense Department Violated Law In Bergdahl-GTMO Detainee Swap

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Thursday, August 21, 2014 at 4:05 PM

So concludes this report from the Government Accountability Office, which apparently was written in response to a request by various Senators.  The document opens: This responds to your June 13, 2014, request for our opinion on whether the Department of Defense (DOD) incurred obligations in violation of section 8111 of the Department of Defense Appropriations Act, 2014 . . .
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Article III and the al Bahlul Remand: The New, New NIMJ Amicus Brief

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Monday, August 18, 2014 at 12:59 PM

On July 14, the en banc D.C. Circuit ruled in al Bahlul v. United States that “plain error” review applied to Bahlul’s ex post facto challenge to his military commission convictions for conspiracy, material support, and solicitation–and then upheld the first of those charges under such deferential review (while throwing out the latter two). One of the potentially unintended consequences of the Court . . .
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Petitioner Files Opening Brief in Al Bahlul v. United States

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Wednesday, August 13, 2014 at 7:34 PM

Petitioner Ali al Bahlul, the Yemeni detainee who served as Osama bin Laden’s personal assistant and public relations secretary, has just filed his opening brief in Al Bahlul v. United States, in an attempt to overturn his military commission conviction for conspiracy to commit war crimes. In the filing, al Bahlul argues that he was tried for . . .
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Another Bad Day for Another Guantanamo Detainee in the Courts

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Thursday, August 7, 2014 at 3:42 PM

This time, it’s Mohammed Al-Adahi (remember him?). The opinion is by Judge Gladys Kessler. It reads in relevant part: Petitioner remains conditionally cleared for release since the action of the [Guantanamo] Task Force. Petitioner alleges that his health has declined so substantially that the possibility of “any significant physical activity—much less any involvement in the hostilities—is virtually impossible ….[T]herefore, no . . .
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District Court Opinion in Al Odah v. United States

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Tuesday, August 5, 2014 at 12:09 PM

The U.S. District Court for the District of Columbia has granted the government’s motion to dismiss Fawzi Khalid Abdullah Fahad Al Odah’s petition for a writ of habeas corpus and declaratory judgment in a 21-page opinion issued on August 3. Al Odah has been detained at Guantanamo Bay since 2002. He was arrested by Pakistani border guards in . . .
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In Trouble With the Law

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Monday, August 4, 2014 at 6:30 PM

If press accounts are correct, we will soon have the long-awaited Executive Summary of the Senate Intelligence Committee Report on the CIA detention program.  The report itself, which has not been submitted for declassification, is massive, running some 6,000 pages and including about 37,000 footnotes.  In preparing the report, the Committee and its staff apparently . . .
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A Nugget of Real News in General Martins’s Statement

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Monday, August 4, 2014 at 7:36 AM

Last night, Wells posted a statement by Military Commissions Chief Prosecutor Mark Martins about the weeklong Nashiri hearing getting under way today at Guantanamo. The statement contains the following sentence: “I also assess at the present time that there are no additional prosecutions against Guantanamo detainees that would be made possible by the existence in the military . . .
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David Remes on the Counsel Access Case

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Saturday, August 2, 2014 at 6:30 PM

David Remes, an attorney representing Guantanamo detainees–and, in particular, co-counsel for the petitioner in Hatim–writes in with this comment on Friday’s ruling in that case from the D.C. Circuit: The D.C. Circuit’s decision is disappointing, but in a sense it is anticlimactic. The government effectively won the case over a year ago, when the court stayed Judge . . .
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ECHR: Poland’s Role in CIA Black Site Violated Detainees’ Human Rights

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Thursday, July 24, 2014 at 10:08 AM

The European Court of Human Rights (“ECHR”) today handed down a pair of judgments in long-running human rights cases brought against Poland by two U.S. terrorism detainees—Abu Zubaydah and Abd Al Rahim Hussayn Muhammad Al Nashiri.  As is well known, both had alleged violations of the Convention for the Protection of Human Rights and Fundamental Freedoms, . . .
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Another Day, Another Former Guantanamo Detainee Can’t Get Back in Court

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Wednesday, July 23, 2014 at 8:17 PM

This time it’s Mohammad Rimi, transferred to Libya back in 2006. The judge is Richard Leon. Here’s the opinion. Here’s the order.

This is Seriously Weird

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Saturday, July 19, 2014 at 7:10 PM

Russia slaps a travel ban on Rep. Jim Moran, Judge Gladys Kessler, and a bunch of people connected to Guantanamo and Abu Ghraib. That’ll show ‘em. From the Associated Press: MOSCOW (AP) — Russia has placed a U.S. lawmaker and 12 other people connected with the Guantanamo Bay detention camp and the Abu Ghraib prison in Iraq . . .
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Bahlul: A Longer View

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Tuesday, July 15, 2014 at 6:46 AM

Steve says of yesterday’s Bahlul decision. Whether or not you agree with the result of today’s decision, the D.C. Circuit has done no one any favors–not the government, which will still be terribly uncertain as to which cases it can and can’t bring; not the defendants, for obvious reasons; not the public; and, most importantly, not the commissions–the fragility . . .
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Interesting New Habeas Argument in the D.C. Circuit

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Friday, July 11, 2014 at 7:18 AM

This case has been kicking around the district court for a while, but has now made it to the D.C. Circuit. Ahmed Adnan Ajam is basically arguing that the executive branch wants to release him and the transfer restrictions on its doing so represent an unconstitutional infringement of presidential power. He lost in the district court on . . .
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