I have a longer preview of Thursday’s D.C. Circuit argument in Hamdan in the works, but wanted to jump in to offer a couple of quick thoughts on the (surprising) argument order issued by the panel today (which Raff … Read more »
Oral argument in Hamdan will be held on Thursday in the D.C. Circuit Court of Appeals Judges David Sentelle, Brett Kavanaugh and Douglas Ginsburg. This order just came in regarding oral argument:
It is ORDERED, on the court’s own motion, that
The D.C. Circuit has released a less-redacted version of its Latif opinion. I haven’t read it yet, but the D.C. Circuit Review web site has and notes that the new version offers significantly more information about the underlying intelligence … Read more »
The D.C. Circuit Court has affirmed the judgment of the District Court in Alsabri v. Obama. The per curiam judgment in his case before Senior Circuit Judge Ginsburg and Circuit Judges Garland and Kavanagh has been filed and is available here, … Read more »
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 »
Professor Jonathan Hafetz (Seton Hall) writes in with the following response to my critique of the qualified immunity ruling in Hamad v. Gates. My thoughts in reply appear at the bottom. Jonathan writes:
Bobby makes a number of excellent points
Was it clearly established in 2006-07 that GTMO detainees were entitled to the protections of the Fifth Amendment? A district judge in Washington State thinks so, adding that it was clearly established that these rights were violated in the case … 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
A judge of the U.S. District Court for the District of Washington in Seattle has dismissed a Bivens action by a former Guantanamo detainee against former Defense Secretary Bob Gates. Adel Hassan Hamad is a Sudanese former detainee who claims his … Read more »
Today the Supreme Court issued cert. determinations in two of the several Guantanamo-related petitions that have been filed this term. The Court denied both petitions, declining to hear either Abdah v. Obama (11-421) (Justice Kagan recused) or Gul v. Obama… Read more »
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
After yesterdays motions hearing, Chief Prosecutor Mark Martins issued the following comments:
Chief Prosecutor Mark Martins
Remarks at Guantanamo Bay on 12 April 2012
Good afternoon. Today, the military commission convened to try the charges referred to it against Abd
Notwithstanding the Lawfare love-in, I’m a bit troubled by one of the threads that appeared to emerge from the argument in Nashiri over whether conspiracy is a recognized violation of the laws of war. Based on Ben’s summary, it … Read more »
