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Category Archives: Guantanamo Litigation: District Court

Hobby Lobby at Guantanamo?

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Monday, July 7, 2014 at 9:39 AM

Have a look at this emergency motion for a temporary restraining order, filed Thursday by attorneys for Guantanamo detainee Imad Hassan. It opens: This motion seeks a temporary restraining order (TRO) prohibiting Respondents from depriving Petitioner of the right to participate in communal prayers during the Islamic holy month of Ramadan, which commenced this year on June 28. . . .
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Confusing Jurisdiction, Abstention, and Substance: A Reply to Peter Margulies

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Tuesday, May 6, 2014 at 3:00 PM

It’s clear from his post this morning that my friend Peter Margulies believes that Al-Nashiri’s new habeas challenge to his trial by military commission, which rests on the claim that the United States was not involved in an armed conflict with al Qaeda at the time of his alleged crimes, is without merit. Unfortunately, Peter’s . . .
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Al-Nashiri, the Cole Bombing, and the Start of the Conflict with Al-Qaeda

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Tuesday, May 6, 2014 at 10:00 AM

The habeas challenge to military commissions recently filed by Abd Al Rahim Al-Nashiri is a loser on both procedure and substance.  Al-Nashiri, the alleged mastermind of the 2000 bombing of the USS Cole, argues that a federal court can, and should, enjoin his pending commission trial because the charges against him concern acts that occurred . . .
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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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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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D.C. Circuit Defines a Docket “Entry” In Hentif v. Obama, Dismisses Habeas Appeal

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Tuesday, November 5, 2013 at 9:25 PM

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 detainee, Fadhel Hussein Saleh Hentif, lost his habeas case in the district court in 2011. He . . .
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Oral Argument Preview: Aamer v. Obama

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Thursday, October 17, 2013 at 2:23 PM

Tomorrow at 9:30 a.m., D.C. Circuit Judges David S. Tatel and Thomas B. Griffith, and Senior Judge Stephen F. Williams will hear oral arguments in Aamer v. Obama, one of three consolidated appeals concerning the force-feeding of Guantanamo detainees. A Guantanamo Joint Task Force protocol—the policy at the heart of the detainees’ hunger strike and the . . .
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USG Drops Opposition to Granting the Writ in GTMO Habeas Case

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Wednesday, October 2, 2013 at 8:33 PM

That is the gist of this quite important filing, made today by the Justice Department, in the case of Idris v. Obama.  It begins: Respondents respectfully submit this response to Petitioner’s Motion for Judgment on His Petition for a Writ of Habeas Corpus (“Petitioner’s Motion”). Dkt. No. 270.1 As explained below, Respondents hereby withdraw their reliance . . .
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The D.C. Circuit and the Guantánamo Detainees’ Right of Access to Counsel

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Monday, September 23, 2013 at 3:31 AM

In describing Hatim v. Obama (the D.C. Circuit Guantánamo appeal in which the government filed its opening brief on Friday) as the “counsel access” case, Raff has hit the nail on the head. Although the appeal involves the district court’s power to enjoin new security procedures adopted by the government at Guantánamo (the same genital search procedures that . . .
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Detainee Challenges Constitutionality of NDAA Transfer Restrictions

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Saturday, August 17, 2013 at 6:32 AM

Yesterday, Guantanamo detainee Ahmed Adnan Ajam filed a motion for partial summary judgment and for declaratory relief in his habeas suit before the D.C. District Court. Ajam’s case takes a new approach to Guantanamo habeas litigation: Ajam challenges Section 1028 of the National Defense Authorization Act—the section which imposes detainee transfer restrictions on the President—as . . .
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D.C. Circuit Issues Stay in Hatim v. Obama

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Thursday, August 15, 2013 at 9:50 PM

This afternoon, Judges Karen LeCraft Henderson, Janice Rogers Brown, and Thomas B. Griffith of the D.C. Circuit filed a per curiam order granting the government’s motion to stay the district court’s July 11, 2013 order in Hatim v. Obama. The stay will leave intact Guantanamo security procedures such as detainee groin searches before and after . . .
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USG Appeals DDC Counsel Access Ruling to DCCA; Obtains Stay

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Wednesday, July 17, 2013 at 3:47 PM

The order entering the stay, by Circuit Judges Rogers, Brown, and Kavanaugh, is here.  It essentially pauses enforcement of last week’s order, by Judge Royce Lamberth, that partially invalidated certain GTMO detainee screening and other procedures. The last 24 hours have seen some pretty intensive litigation over the order.  Yesterday, counsel for GTMO detainee Hayal Al-Mitali . . .
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Another DDC Opinion Denying Preliminary Injunction Against Force-Feeding

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Tuesday, July 16, 2013 at 4:11 PM

Judge Rosemary Collyer today denied the three remaining motions for a preliminary injunction against force feeding at Guantanamo, concluding that she lacked jurisdiction over the motions.  Judge Collyer reasoned, much as another judge on the same court, Judge Gladys Kessler, had last week, that 28 U.S.C. § 2241(e)(2) precluded Guantanamo detainees from challenging the force feeding regime. The broad similarities between the two rulings . . .
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GTMO Detainee To District Court: You Do Have Jurisdiction Over Forced Feeding

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Friday, July 12, 2013 at 2:38 PM

Readers will recall Monday’s order by District Court Judge Gladys Kessler dismissing, on jurisdictional grounds, one of four GTMO detainees’ motions for an injunction to stop force feeding. Yesterday, detainee Abu Wa’el (Jihad) Dhiab, whose request Judge Kessler rejected, filed a motion for reconsideration in the District Court. Urging Judge Kessler to revisit her order, the filing . . .
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DDC: GTMO Counsel Access Procedures Invalid

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Thursday, July 11, 2013 at 5:03 PM

It already had been quite a week in the GTMO habeas world.  And then came today’s important opinion and order from Chief Judge Royce Lamberth, regarding counsel access at Guantanamo. Lawyers for petitioner Saeed Mohammed Hatim and other detainees insisted that certain GTMO policies–particularly those regarding intrusive body searches, and the location of meetings between hunger strikers and their attorneys—unlawfully . . .
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A Commander in Chief Challenge to the Constitutionality of the Transfer Restrictions

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Thursday, July 11, 2013 at 7:18 AM

I’ve been waiting for a while for a detainee to make this argument: The transfer provisions of the NDAA violate the Commander in Chief clause. The brief itself is not yet public, but there’s an allusion to it in this filing in the habeas case of Guantanamo detainee Ahmed Adnan Ajam—which seeks leave to make public . . .
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District Court on Force Feeding: No Jurisdiction to Stop It, Though the President Can

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Monday, July 8, 2013 at 3:49 PM

A pretty strong signal from Judge Gladys Kessler, who today rejected GTMO detainee Jihad Dhiab’s motion for a preliminary injunction to stop force feeding.  (His is but one of four such motions, all brought simultaneously and seeking identical relief;  the three other detainees’ motions are still pending before Judge Rosemary Collyer.) In her order, Judge . . .
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Petitioners’ Reply Brief Filed in Force Feeding Dispute

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Friday, July 5, 2013 at 1:19 PM

We blogged earlier in the week about a motion brought by four detainees at Guantanamo—-Ahmed Belbacha, Nabil Hadjarab, Abu Wa’el (Jihad) Dhiab, and Shaker Aamer.  The quartet seeks a preliminary injunction against force feeding, and yesterday filed a reply brief. From that brief: The detention facility at Guantánamo Bay has become a festering wound of . . .
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USG Opposition to Detainees’ Motion for Preliminary Injunction to Stop GTMO Force-Feeding

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Wednesday, July 3, 2013 at 8:50 PM

Earlier this week Ben posted on a motion, brought by a group of Guantanamo detainees and asking the District Court to preliminarily enjoin force-feeding at the detention facility.  The court ordered the United States to respond almost immediately, and earlier today, it timely filed its opposition brief.  The opposition also cites a redacted declaration by . . .
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Abdullah Notes An Appeal

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Tuesday, July 2, 2013 at 3:44 PM

His long-pending motion for a preliminary injunction having been denied in May, Yemeni detainee Hani Abdullah now has noted his appeal to the D.C. Circuit.    You can find background on Abdullah’s habeas case here; in short,  the detainee had argued that his detention violated (among other things) a U.S.-Yemen executive agreement, which obligates both parties . . .
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