This is going to be the shortest oral argument summary ever. In fact, I can do it in five sentences:
(1) Chief Judge David Sentelle opens the hearing by announcing that it can’t be held in open session so he’s … Read more »
Tomorrow morning, the D.C. Circuit Court of Appeals will hear oral arguments in Obaydullah v. Obama, one of the few Guantanamo habeas cases that’s still moving in the lower courts. There was a time, not so long ago, when these cases … Read more »
The government has filed its response to Abdulrahman Abdou Abou Al Ghaith Suleiman’s petition for rehearing en banc in the D.C. Circuit. The government summarizes its argument as follows:
This Court did not err in refusing to reach issues that
Last year, Bobby, Larkin, and I released a paper entitled “The Emerging Law of Detention 2.0: The Guantanamo Habeas Cases as Lawmaking.” The paper promised to be a kind of living document:
Rather than simply produce a new
To the list of significant motions to be argued tomorrow during the motions hearing in Al-Nashiri, add this: the defense’s contention that the charge of conspiracy is beyond the commission’s jurisdiction, and must therefore be dismissed. Al-Nashiri has paired … Read more »
Another amicus brief has been filed in the D.C. Circuit appeal of the military commission of Ali Hamza Ahmad Suliman Al Bahlul, this time by former members of the U.S. Intelligence Community.
Arguing on behalf of Bahlul and in favor … Read more »
Raff already posted earlier about some of the amicus briefs filed today (or earlier) in the al-Bahlul case (the “other” military commission appeal currently pending in the D.C. Circuit). I just wanted to add to the conversation this brief of … Read more »
Two new amicus briefs have been filed in Bahlul v. United States in the D.C. Circuit Court recently. The first is a brief on behalf of international law professors (including our own Steve Vladeck). Its main arguments are that conspiracy, … Read more »
Some court documents came in over the weekend:
Salim Ahmed Hamdan has filed his reply brief in his appeal in the D.C. Circuit Court. You can read it in full here. The summary of the argument is excerpted here:… Read more »
Ben’s two questions in response to my post yesterday on the D.C. Circuit’s decision in al-Zahrani are both right on the money, but I think they both have answers—and take a shot below the fold.… Read more »
Given Ben’s report on the oral argument, today’s fairly cryptic D.C. Circuit opinion in al-Zahrani v. Rodriguez, throwing out a damages suit arising out of the deaths of several inmates at Guantanamo, is hardly surprising. Writing for a … Read more »
Over at the Document Exploitation blog, Douglas Cox of the CUNY Law School has this very interesting post on redactions in the Alsabri Guantanamo habeas case—which was decided at the District Court level about a year ago and is now … Read more »
Raffaela is correct that there’s nothing terribly surprising in the D.C. Circuit’s Suleiman opinion, which was publicly released yesterday. In fact, the brief opinion—written by Judge Thomas Griffith for himself and Judges Merrick Garland and David Tatel—is notable chiefly … Read more »
The D.C. Circuit’s affirmance of the District Court’s judgment in Suleiman v. Obama, which we noted two weeks ago, is available here.
Nothing terribly surprising in the opinion, which was written by Judge Griffith.… Read more »
Don’t let it ever be said that the D.C. Circuit always rules against detainees. Today, a three-judge panel ruled kept Ali Hamza Ahmad Suliman Al Bahlul’s military commission appeal alive—likely against Al Bahlul’s will.
The government, as you may … Read more »
