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 … Read more »
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.… Read more »
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
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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 … Read more »
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. … Read more »
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 … Read more »
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, … Read more »
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 … Read more »
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 … Read more »
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 … Read more »
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; … Read more »
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 … Read more »
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 … Read more »
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 … Read more »
Today, counsel for Saeed Mohammed Hatim filed an “Emergency Motion Concerning Access to Counsel,” both in the Yemeni detainee’s recently reactivated habeas action, and in In Re: Guantanamo Bay Detainee Continued Access to Counsel, a separate matter on … Read more »
Curtis Bradley and I have a casebook on foreign relations law that includes a heavy dose of national security law (including chapters on covert action and targeted killing) that might be of interest to Lawfare readers. Here is a TOC … Read more »
We’ve written a fair amount already about Chief Judge Lamberth’s September 2012 decision regarding the Guantánamo detainees’ continuing right of access to counsel (not to mention his March 2013 decision criticizing the government for its foot-dragging in declassifying various filings … Read more »
That’s the gist of this report, filed earlier today by Politico’s Josh Gerstein:
A federal judge declined Monday to take action on behalf of a hunger-striking prisoner at Guantanamo Bay whose attorneys say his life is in danger
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Yesterday, pursuant to Judge Thomas Hogan’s recent order, lawyers for habeas petitioner Musa’ab Omar al-Madhwani filed a brief addressing the district court’s jurisdiction to hear al-Madhwani’s emergency challenge to the conditions of his confinement at Guantanamo.
The detainee—who is … Read more »