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Category Archives: Guantanamo

D.C. Circuit Affirms Denial of Preliminary Injunction in Abdullah v. Obama

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Friday, April 4, 2014 at 12:52 PM

The D.C. Circuit has just handed down a 12-page decision in Abdullah v. Obama, affirming the district court’s denial of Abdullah’s motion to enjoin the U.S. government from detaining him. Hani Saleh Rashid Abdullah, a Yemeni national, claimed his detention at Guantanamo violates a 1946 executive agreement between the U.S. and Yemen. He filed for habeas in 2005, and . . .
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Habeas and the Military Commissions After Aamer

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Friday, March 21, 2014 at 9:36 AM

I’ve already written at some length about the D.C. Circuit’s decision last month in Aamer v. Obama, in which a divided panel held that the Guantánamo detainees may challenge the conditions of their confinement through habeas petitions, notwithstanding the language of the jurisdiction-stripping provisions of the Military Commissions Act of 2006. As Judge Tatel explained, . . .
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Periodic Review Board Hearing Today

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Thursday, March 20, 2014 at 9:08 AM

Today an interagency review panel will hear, by video hookup, the case of Guantanamo detainee Ali Ahmad al-Razihi.  The issue is whether the Yemeni’s further detention is necessary to protect a continuing, significant security threat to the United States. Lawfare won’t be in the house today—but, judging by past reviews, the hearing’s open session likely will . . .
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Ahmed Belbacha Transferred from GTMO to Algeria

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Thursday, March 13, 2014 at 8:47 AM

So we learn from this statement, released earlier this morning by the Department of Defense: The Department of Defense announced today the transfer of Ahmed Belbacha from the detention facility at Guantánamo Bay to the Government of Algeria. As directed by the President’s Jan. 22, 2009, Executive Order, the interagency Guantánamo Review Task Force conducted . . .
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Guantanamo’s War

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Thursday, March 13, 2014 at 7:11 AM

In the past decade, the word “Guantanamo” has come to represent far more than the Cuban bay that lent its name to one of America’s oldest military bases more than a century ago; it has joined our 21st century lexicon as a term emblematic of abuse, overreach, and disregard for the rule of law.  In . . .
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Text of Senator Feinstein’s Remarks This Morning Regarding SSCI and CIA

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Tuesday, March 11, 2014 at 11:28 AM

You can find the Senator’s statement here.  Her speech began as follows: Over the past week, there have been numerous press articles written about the Intelligence Committee’s oversight review of the Detention and Interrogation Program of the CIA, specifically press attention has focused on the CIA’s intrusion and search of the Senate Select Committee’s computers . . .
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Senator Feinstein’s Remarks on the CIA-SSCI Document Controversy

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Tuesday, March 11, 2014 at 9:39 AM

Right now, Senator Dianne Feinstein, the Senate Intelligence Committee’s Chairman, is speaking out, on the Senate floor, about a well-publicized dispute between the CIA and the SSCI—regarding the latter’s review of documents pertaining to the CIA’s interrogation practices in the years following 9/11, and the CIA’s auditing of Committee staffers’ computer use during the review. . . .
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New Guantanamo Recidivism Report from the DNI

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Thursday, March 6, 2014 at 7:04 AM

The DNI yesterday released it’s latest Guantanamo reengagement report, which show a 29 percent rate of confirmed or suspected reengagement. That’s essentially unchanged from the last such report in September. Here are the numbers:

Oral Argument Summary: Al Laithi v Rumsfeld

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Saturday, February 22, 2014 at 12:00 PM

The courtroom is nearly full at the DC Circuit Court of Appeals for oral arguments in Al Laithi v. Rumsfeld. It is full mostly with a large number of students—apparently both college and law-school-age students—who fill the four back-most rows. Al Laithi is a bit of a weird case for students to use as an entry point into the Guantanamo discussion: It . . .
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Oral Argument Preview: Al Laithi v. Rumsfeld (Detainee Abuse Case)

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Friday, February 21, 2014 at 6:23 AM

Today D.C. Circuit Judges David Tatel, Janice Rogers Brown, and A. Raymond Randolph will hear oral arguments in Al Laithi v. Rumsfeld. Six former Guantanamo detainees will be arguing that Chief Judge Lamberth erred in dismissing their claims, brought under the Alien Tort Statute (ATS), Bivens, the Religious Freedom Restoration Act and the Federal Civil Rights Act. In the wake . . .
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Military Commissions, Conspiracy, and al-Iraqi

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Tuesday, February 18, 2014 at 7:20 AM

Over the weekend, I blogged over at Just Security about the al-Iraqi case pending before the military commissions at Guantánamo—and, in particular, Saturday’s New York Times story reporting that the government has amended the charge sheet against al-Iraqi to add a charge of conspiracy. As readers likely know, the en banc D.C. Circuit will soon . . .
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Al-Nashiri Motions Hearing: February 17 Session

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Monday, February 17, 2014 at 9:06 AM

It’s a snowy day here at the Fort Meade CCTV facility.  Lawfare’s in the house, for the first of this eight-day, pre-trial motions hearing in United States v. Al-Nashiri.  Same format as always: dispatches throughout the day, in our “Events Coverage” section, with links to those below. Update [9:32 a.m.]: that was fast.  The case has been postponed . . .
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Aamer v. Obama and Boumediene Step Zero

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Thursday, February 13, 2014 at 11:07 AM

At one level, the D.C. Circuit’s decision this week in Aamer v. Obama on Guantanamo hunger strikes probably surprised nobody. As expected, the D.C. Circuit upheld the two district court decision to deny preliminary injunctive relief to hunger-striking Guantanamo detainees, who were challenging the government’s force-feeding regime. The significance of the case, however, lies not in the denial of . . .
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DC Circuit Affirms Denial of Preliminary Relief in Hunger Strike Case—But Finds No Statutory Bar to Conditions Challenge

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Tuesday, February 11, 2014 at 10:22 AM

The panel’s decision in the closely-watched case of Aamer v. Obama was handed down this morning.  The majority opinion opens: TATEL, Circuit Judge: Petitioners Ahmed Belbacha, Abu Dhiab, and Shaker Aamer are detainees who, although cleared for release, remain held at the United States Naval Station at Guantanamo Bay, Cuba. Protesting their continued confinement, they and other similarly situated detainees have . . .
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Josh Gerstein on Piracy and Terrorism Trials

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Monday, February 10, 2014 at 3:42 PM

Over at Politico, Josh Gerstein has an interesting piece on the Ali piracy case, and its potential implications for terrorism cases.  The article—which quotes Jen Daskal and Cully Stimson, among others—opens: The failed prosecution of an alleged Somali pirate — and the fact that that failure could leave him living freely, and permanently, inside U.S. borders — . . .
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Yesterday’s Periodic Review Board Hearing

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Wednesday, January 29, 2014 at 7:54 AM

Judging by Daphne Eviatar’s account over at Just Security and Charlie Savage’s at the New York Times, it was a pretty scripted and brief (nineteen minutes of open session) affair. Thus far, the Periodic Review Board has released only statements by Abdel Malik Ahmed Abdel Wahab Al Rahabi’s personal representative and private counsel, as well as the detainee’s “Guantanamo . . .
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Today’s Periodic Review Board Hearing

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Tuesday, January 28, 2014 at 10:10 AM

Today, Abdel Malik Ahmed Abdel Wahab Al Rahabi. a Yemeni Guantanamo detainee, will have a hearing before a “Periodic Review Board.”  The resuscitated administrative mechanism‘s purpose is, of course, to evaluate whether further detention is needed “to protect against a continuing significant threat to the security of the United States.” The hearing’s participants will be spread out over various . . .
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D.C. Circuit on Obaydullah: New Evidence Unhelpful to Detainee’s Case

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Friday, January 24, 2014 at 4:15 PM

The D.C. Circuit, in an exceedingly brief and quickly-issued per curiam judgment, has affirmed the district court’s denial of Obaydullah’s motion regarding newly-discovered evidence related to his habeas petition. Yours truly covered the oral arguments that took place in this Guantanamo habeas case only last week at the D.C. Circuit.  That was fast. Background: prior to the D.C. Circuit’s 2012 . . .
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The Fifth Anniversary of President Obama’s Guantanamo Closure Order

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Wednesday, January 22, 2014 at 12:15 AM

Today is the fifth anniversary of President Obama’s executive order directing the closure of Guantanamo within one year. I welcomed the President’s order at the time, but I commented on NPR and elsewhere that he would have a difficult time deciding what to do with the detainees, how to prosecute those who had committed crimes, and . . .
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Tomorrow at the D.C. Circuit: Abdullah v. Obama

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Monday, January 20, 2014 at 4:42 PM

Tomorrow morning at 9:30 a.m., a three-judge panel of the D.C. Circuit will hear oral argument in the Guantanamo habeas case of Abdullah v. Obama. Before Circuit Judge Karen LeCraft Henderson, and Senior Circuit Judges Stephen F. Williams and A. Raymond Randolph, will be a debate over the district court’s rejection of the Yemeni detainee’s motion for a preliminary . . .
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