Quite intrusive, it seems—at least according to this letter filing, which was submitted yesterday in Hatim v. Obama, the ”Counsel Access Case.” Oral argument also was held yesterday, as y’all likely know from Raff’s recap.
During those proceedings, … Read more »
Monday evening, Senate and House armed services committee leaders announced that a compromise has been largely reached with regard to the 2014 National Defense Authorization Act. Among those matters included in the bill is the future of Guantanamo. … Read more »
The snow-drizzle may have slowed down the first two branches of government and every nonprofit in town on Monday morning, but the judiciary didn’t budge much: oral argument this morning in the appeal of Hatim v. Obama, otherwise known … Read more »
David Remes wrote in to rebut my recent post, which stated that some forced repatriations are a “virtually inevitable part of any plausible plan” toward closing Guantanamo. I’ve pasted Remes’ entire note below.
Remes is correct in theory (and … Read more »
As the Obama administration re-energizes efforts to winnow the Guantanamo population through transfers to other countries, it will be squeezed from many sides — including from those who see the transfer arrangements as insufficiently protective of American security as well … Read more »
On Monday morning, a significant Guantanamo case, Hatim v. Obama et al., will be argued before D.C. Circuit Judges Merrick Garland, Karen L. Henderson, and Thomas B. Griffith. Petitioners and respondents both will have fifteen minutes to present arguments, … Read more »
The detainees in Aamer v. Obama, the force-feeding case on appeal before the D.C. Circuit, have filed another letter with the court. In a Nov. 21 letter, the government notified the court that the force-feeding protocols were revised on … Read more »
Both Raffaela and Steve have already noted the D.C. Circuit’s opinion yesterday in Abdul Razak Ali v. Obama, the latest Guantanamo habeas case. Both also took note of Senior Judge Harry Edwards’s brief opinion concurring in the judgment affirming … Read more »
As Steve already noted, the D.C. Circuit has affirmed the district court’s denial of a writ of habeas corpus to Guantanamo detainee Abdul Razak Ali. We covered the oral argument this fall, in preview and recap posts.
The D.C. … Read more »
This morning’s D.C. Circuit decision in Ali v. Obama is not exactly a shocker, given the court’s ever-solidifying body of jurisprudence on the scope of the government’s power to detain non-citizen terrorism suspects at Guantánamo. In short, Judge Kavanaugh’s opinion … Read more »
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 »
Americans vacillate over national security and government power. We want an effective intelligence community, but we do not want too much surveillance or collection. We want to rein in the NSA, but we also wax outraged when the intelligence community … Read more »
Three updates in Aamer v. Obama, the force-feeding case on appeal to the D.C. Circuit.
On November 14, the government filed its opposition to Guantanamo detainee Imad Abdullah Hassan’s motion to intervene in the case. Hassan, a designated hunger-striker … Read more »
The government has filed its brief in Al Laithi v. Rumsfeld and Celikgogus v. Rumsfeld, a case involving the consolidated claims of former Guantanamo detainees against former government officials in their individual capacities. The detainees seek civil damages, alleging … Read more »
The appellant and appellee briefs in a Guantanamo detainee’s habeas-related appeal, Abdullah v. Obama, have been filed with the Court of Appeals for the D.C. Circuit.
First, a short recap of the case: After not getting a decision from … Read more »
Bobby drew attention to yesterday’s Washington Post article about the Afghan Government’s release of hundreds of detainees the U.S. military had transferred to Afghan control at the detention facility at Bagram. Bobby rightly commented that the Afghans’ reluctance to hold … Read more »
In Hatim v. Obama, a.k.a. the Guantanamo “counsel access case,” the government’s reply brief has been submitted, and the D.C. Circuit has slated the case for oral argument on Monday, December 9.
We’ve covered this Guantanamo detainee-related case… Read more »
Today the D.C. Circuit handed down its opinion in a Guantanamo detainee’s habeas-related appeal. The detainee filed his notice of appeal too late, concluded the three-judge panel, thus divesting the appeals court of jurisdiction. The panel dismissed the appeal.
The … Read more »
As promised by petitioners in their filing last week, and in response to the government’s letter to the court suggesting that their case is moot: Guantanamo detainee Imad Abdullah Hassan today moved to intervene in Aamer v. Obama, the … Read more »
A coda to Bobby’s post below asking about the legal views underlying US operations in Somalia over the past three weeks. Three weeks ago, SEALs attempted a capture operation against a target on the coast of Somalia. The SEAL team … Read more »