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Category Archives: Guantanamo: Litigation

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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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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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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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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Opinion in Al-Janko v. Gates

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Friday, January 17, 2014 at 10:46 AM

Just in case you want to read something not about reforms to NSA surveillance: here’s the opinion from the D.C. Circuit in Al-Janko v. Gates.  Today, a three-judge panel affirmed the district court’s rejection of the ex-detainee’s suit against government officials: KAREN LECRAFT HENDERSON, Circuit Judge: As part of its global war on terrorism, the United States detained Abdul . . .
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Oral Argument Recap: Obaydullah v. Obama, Round Two

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Wednesday, January 15, 2014 at 7:53 AM

Your Lawfare team is ready with pen and paper, and bated breath, to hear oral arguments in the habeas-related appeal of Afghan detainee Obaydullah before the three-judge panel of D.C. Circuit Court of Appeals Chief Judge Merrick Garland and Judges Karen LeCraft Henderson, and David Tatel. We’ve been here before, and were promptly kicked out, so we’re relieved . . .
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Today in the D.C. Circuit: Obaydullah v. Obama, Round Two

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Monday, January 13, 2014 at 11:27 PM

First up for the three-judge panel of D.C. Circuit Judges Merrick Garland, Karen LeCraft Henderson, and David Tatel this morning is its second oral argument related to the detention of Afghan detainee Obaydullah. Given that the last oral argument in this case was conducted in a classified setting, it shouldn’t be too much of a surprise if the . . .
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Government Opposes Disclosure of Force-Feeding Protocols; Detainees Respond

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Tuesday, January 7, 2014 at 1:44 PM

Two more developments in Aamer v. Obama, the force-feeding case on appeal before the D.C. Circuit. On December 30, the government filed its opposition to the detainees’ motion for an order directing the government to disclose and file complete copies of its revised force-feeding protocols.  The detainees filed their reply yesterday. In its filing, the . . .
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Abdullah Files His Reply-Brief Before the D.C. Circuit

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Monday, December 30, 2013 at 12:17 PM

As Raffaela previously noted, the case of Abdullah v. Obama is an exercise in “heel dragging and losing arguments.” A brief refresher on the case: the legal saga started when Guantanamo detainee Hani Saleh Rashid Abdullah filed a habeas petition. The petition went unanswered. Accordingly, Abdullah switched tactics and instead moved for a preliminary injunction against his . . .
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Cert Petition Filed in Al Warafi v. Obama

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Friday, December 27, 2013 at 4:00 PM

Shortly before Christmas, counsel for Guantanamo detainee Mukhtar Yahia Naji Al Warafi filed a petition for a writ of certiorari in his habeas petition, having been denied earlier this year an en banc rehearing in the D.C. Circuit. (We’ve covered this case at length—read our coverage here.) Al Warafi had argued that his role was as a . . .
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Al Laithi Reply Brief Before the D.C. Circuit: Defining the Scope of Employment

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Friday, December 27, 2013 at 7:54 AM

In response to the government’s brief, counsel for the Plaintiffs in Al Laithi v. Rumsfeld et. al.  filed a reply brief on Dec. 18th.  (The Plaintiffs—all former Guantanamo detainees—allege various abuses at the hands of U.S. government officials, and seek, among other things, civil damages from the officials in their individual capacities.) For the most part, the Plaintiffs chose . . .
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CTA9 Decides Al-Nashiri v. MacDonald

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Friday, December 20, 2013 at 1:56 PM

I’ve only skimmed this unsurprising ruling from the panel, which affirms the district court’s dismissal of the detainee’s suit against the military commissions’ Convening Authority. From its opening: Abd Al Rahim Hussein Al-Nashiri is a noncitizen “enemy combatant” undergoing proceedings before a military commission at the United States Naval Base in Guantanamo Bay, Cuba. The charges . . .
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Detainees Move for Complete Copy of Revised Force-Feeding Protocols

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Wednesday, December 18, 2013 at 9:31 PM

The appellants in Aamer v. Obama have spent the last month battling the government for a complete copy of recently revised Guantanamo force-feeding protocols, according to a motion filed by the detainees on Monday. The motion notes that the government at one point sent detainees’ counsel a copy that was missing the section on the . . .
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Government Says No Additional Briefing Needed to Address Revised Force-Feeding Protocols

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Monday, December 16, 2013 at 6:00 PM

More back-and-forth in the force-feeding case Aamer v. Obama, on appeal before the D.C. Circuit.  Last Wednesday, the government filed a response to the detainees’ Dec. 4 letter asserting the need for additional briefing addressing the substance of the revised force-feeding protocols  if the Court intends to address the merits of their challenge to the . . .
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A Duel of Letters in the Counsel Access Case

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Monday, December 16, 2013 at 1:00 PM

The nearly-singular focus of last week’s oral argument in Hatim v. Obama, the counsel access case, was the intrusiveness of JTF-GTMO’s genital-area searches. That focus hasn’t at all shifted, judging by last Friday’s letter filing from the Department of Justice. Both sides have characterized the search process, and in a manner consistent with their litigating positions. At . . .
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Linda Greenhouse on “The Mirror of Guantanamo”

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Thursday, December 12, 2013 at 7:26 AM

Linda Greenhouse has a thoughtful column over at the New York Times entitled “The Mirror of Guantanamo” about the Abdul Razak Ali case—about which I wrote some thoughts last week. Ten years ago, Greenhouse notes, the courts first delved into the Guantanamo issue: It was on Nov. 10, 2003, that the Supreme Court surprised much of . . .
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Just How Intrusive Are Those GTMO Searches, Anyway?

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Tuesday, December 10, 2013 at 4:00 PM

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, an attorney for the government had downplayed genital-area searches performed before detainees’ meetings with attorneys.  The characterization brought on a response . . .
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Oral Argument Recap: The Counsel Access Case

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Monday, December 9, 2013 at 9:46 PM

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 as the Counsel Access Case, regarding the revised detainee search policies at Guantanamo, goes on as originally scheduled. You can . . .
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Oral Argument Preview: Hatim v. Obama, or the “Counsel Access Case”

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Friday, December 6, 2013 at 5:25 PM

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, in what has come to be known as the “Counsel Access Case.”  It will be the first matter heard . . .
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