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Category Archives: Guantanamo

5 Guantanamo Detainees Transferred to Europe Today

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Thursday, November 20, 2014 at 2:33 PM

At the Miami Herald, Carol Rosenberg reports that the Pentagon today transferred 5 inmates at Guantanamo Bay to two countries in Europe. According to Rosenberg, three of the detainees were sent to Georgia. Of that trio, Abdul Khaled al Baidani and Abdel Ghalib Hakim are Yemeni nationals, while Salah Mohammed al Thabbi is Tunisian. Two other detainees . . .
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D.C. Circuit Denies Rehearing En Banc in Allaithi v. Rumsfeld

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Tuesday, November 18, 2014 at 6:23 PM

The D.C. Circuit has just issued a per curiam order denying six Guantanamo detainees’ petition for rehearing en banc in Allaithi v. Rumsfeld. The detainees sought review of the D.C. Circuit’s June 10, 2014 decision affirming the ruling below on the grounds that the case raises two questions of exceptional importance: as to (1) whether detainees are “persons” under the Religious Freedom . . .
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U.S. Delegation Asserts Article 16 of Convention Against Torture Applies Outside U.S. Territority in Certain Circumstances, but Law of Armed Conflict “Takes Precedence” In Situations of Armed Conflict

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Wednesday, November 12, 2014 at 2:10 PM

As previewed by Charlie Savage in the New York Times this morning, the U.S. delegation appeared before the Committee Against Torture in Geneva today and announced a modest but important change in the U.S. Government position regarding extraterritorial application of Article 16 of the Convention Against Torture (which prohibits cruel, inhuman, and degrading treatment in . . .
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Court Denies Preliminary Injunction in GTMO Force-Feeding Case

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Monday, November 10, 2014 at 11:15 AM

On Friday, Judge Gladys Kessler of the United States District Court for the District of Columbia denied detainee Abu Wa’el Dhiab’s bid for a preliminary injunction against certain Guantanamo force-feeding procedures. The court’s memorandum opinion concludes as follows: For the reasons stated above, the Court concludes that the Petitioner’s Application for a Preliminary Injunction must be . . .
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ICYMI: Coverage of Last Week’s Hearing in Al-Nashiri

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Monday, November 10, 2014 at 10:44 AM

ICYMI, GTMO policy folks: Matt Danzer’s final round of digests on last week’s hearing in United States v. Al-Nashiri can be found below, and in our “Events Coverage” section.  (Earlier coverage of the hearing is here, too.) Enjoy. 11/5 Session #4: Statements, Transcripts, and Questionnaires 11/6 Session: Fighting Over MRIs and Hearsay

So What Does the New Republican Majority Mean for National Security Issues In Congress?

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Wednesday, November 5, 2014 at 4:17 PM

The result is no surprise: Republicans now control both houses of Congress—or, at least, they will come January. I’ll leave it to others to dissect how we should understand last night’s electoral results in political terms, what it means for President Obama, the 2016 election, or the future of American politics. Here I want to focus . . .
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Detainee Transferred from Afghanistan to US for Trial: A Model for GTMO Closure?

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Tuesday, November 4, 2014 at 6:28 PM

A very interesting development today with respect to the ongoing effort to complete the shut-down of US-administered military detention in Afghanistan: As you may recall, we have long since ceased holding any Afghans in military detention in Afghanistan, but we have maintained a rump population of non-Afghan detainees in our control. It has been clear . . .
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D.C. Circuit Denies En Banc Rehearing in Hatim v. Obama, Counsel-Access Case

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Friday, October 31, 2014 at 7:00 PM

The D.C. Circuit has just issued a per curiam order denying the detainees’ petition for an en banc rehearing in Hatim v. Obama. So ends—for the time being—Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif’s bid to reinstate District Chief Judge Lamberth’s July 2013 ruling as to the unconstitutionality of the challenged Guantanamo security . . .
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McKeon Calls on Hagel to Suspend All Detainee Transfers

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Thursday, October 30, 2014 at 3:49 PM

House Armed Services Committee Chairman Buck McKeon (R-CA) today sent a letter to Secretary of Defense Chuck Hagel, calling for the immediate suspension of all transfers of detainees from Guantanamo. You can read the full letter here or below: October 30, 2014 Dear Secretary Hagel: I am writing to express my grave concerns regarding the . . .
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Evidence of Absence: A Brief Reply to Peter Margulies on the al Bahlul Argument

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Thursday, October 23, 2014 at 9:55 AM

In light of both our prior exchange and my Just Security post from yesterday, I only have two new points to make in response to Peter Margulies’ post on yesterday’s D.C. Circuit oral argument in al Bahlul v. United States, which raises the question whether military commissions may constitutionally try offenses that are not recognized as international war crimes. As I . . .
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Government Files Response in Allaithi v. Rumsfeld

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Wednesday, October 22, 2014 at 12:48 PM

The government has filed its response to six Guantanamo detainees’ August 25, 2014 petition for en banc rehearing in Allaithi v. Rumsfeld. The detainees argued that (1) the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc., 134 S. Ct. 2751 (2014) established that they were entitled to freedom from substantial burdens on their . . .
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PRB Recommends Repatriation for One Saudi Detainee, Continued Detention for Another

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Tuesday, October 21, 2014 at 2:56 PM

Yesterday the Periodic Review Board recommended the repatriation of Muhammad Murdi Issa al-Zahrani, a Saudi detainee who has been held in Guantanamo for 12 years after being captured in Afghanistan in 2002. The Board’s short statement concluded that given the “uncorroborated nature” of Zahrani’s association with Al Qaeda, his lack of ties to at-large extremists, and . . .
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Government Files Response in Hatim v. Obama

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Tuesday, October 14, 2014 at 4:30 PM

Today the government filed a short response to the detainees’ petition for an en banc rehearing in Hatim v. Obama, the Guantanamo counsel-access case. Recall that last month the D.C. Circuit ordered the United States to respond to a joint motion filed by Saeed Mohammed Saleh Hatim, Abdurrahman al-Shubati and Fadel Hentif. The detainees are seeking review of a . . .
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Signing Statements, the Commander in Chief Power, and Guantanamo Closure

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Friday, October 10, 2014 at 4:00 PM

According to the Wall Street Journal,  the President’s people are “drafting options” to bring about Guantanamo’s closure, an objective that would require the White House to get around a statutory restriction on transferring GTMO detainees to the United States.  Or not: Vice’s Jason Leopold reports that NSC Spokeswoman Caitlin Hayden today said the Administration does not know what “‘new press . . .
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More Partisanship Over Guantanamo Closure

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Friday, October 10, 2014 at 3:16 PM

Congressional Republicans are reportedly rushing to condemn the White House’s alleged consideration of ways to close Guantanamo and move detainees to the United States despite legislative prohibitions.   Senator Pat Roberts has vowed to “shut down the Senate” if the President tries to bring Guantanamo detainees to the United States (Fort Leavenworth is in his home state . . .
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Unilateral Executive Action to Close Guantanamo? Bah!

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Friday, October 10, 2014 at 10:32 AM

The estimable Carol E. Lee and Jess Bravin, over at the Wall Street Journal, are reporting this morning that: The White House is drafting options that would allow President Barack Obama to close the detention facility in Guantanamo Bay, Cuba, by overriding a congressional ban on bringing detainees to the U.S., senior administration officials said. Such a . . .
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Petitioner Files Reply in Bahlul v. United States

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Tuesday, October 7, 2014 at 4:00 PM

Petitioner Ali al-Bahlul filed his reply brief yesterday in Bahlul v. United States, the D.C. Circuit case that will decide whether a military commission may render a stand-alone conspiracy conviction. In the new filing, petitioner makes a point of rejecting the government’s claim for plain error review before elaborating on the four arguments put forth in his opening brief. The argument . . .
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Judge Kessler’s Videotape Order and the Costs of Crying Wolf

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Saturday, October 4, 2014 at 9:57 AM

The First Amendment question in Judge Kessler’s opinion in support of her Order directing the videotapes of Abu Wa’el Dhiab’s forced feedings to be unsealed (see Jane’s summary) is whether the public’s presumptive right of access is outweighed by the government’s well-specified “compelling interest” in keeping the classified tapes sealed.  The Government claims there are five . . .
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Judge Kessler Orders Release of Guantanamo Force-Feeding Videos

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Friday, October 3, 2014 at 7:30 PM

An important development today in Dhiab v. Obama: over the government’s objections, D.C. District Court Judge Gladys Kessler has ordered the unsealing of secret videos that show Guantanamo Bay prisoner Abu Wa’el Dhiab being forcibly extracted from his cell and force-fed. Back in June, a number of media outlets, including the New York Times and the Associated Press, sought . . .
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Confusing the Issues in al Bahlul

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Wednesday, October 1, 2014 at 10:11 PM

For the two people still following the exchange between me and Peter Margulies over the bottom-side briefing in the al Bahlul D.C. Circuit military commission appeal, I wanted to offer a very quick (and hopefully final) word in response to Peter’s surreply from this afternoon, in an effort to crystallize the true points of departure between . . .
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