It’s nearly 5:00 pm when the court reconvenes, and everyone is exhausted. The day has been long and contentious, and we are not even 40 percent of the way through the questioning of the judge. Fortunately, the remaining defense lawyers … Read more »
A gentle reminder – not that you really needed one, being a devoted Lawfare reader and all - Ben and I will be live-blogging tomorrow’s much-anticipated arraignment in United States v. KSM et al. According to the military … Read more »
Below is a recap of yesterday’s oral argument before the D.C. Circuit in Hamdan v. United States. As for key takeaways, you’ll find Steve’s breakdown here, and my two cents’ worth here.
Again, it is anyone’s guess how … Read more »
Having disgraced myself by missing the argument in Alsabri, I figured I should at least read the opinion. It is a mark of how far the D.C. Circuit has come in establishing the contours of the law of … Read more »
Both because of my own biases and because Wells is going to be posting more of a blow-by-blow at some point (on top of his initial reaction, which I basically share), I’ll spare readers from a comprehensive account of … Read more »
We’ll have a full recap of today’s oral argument in Hamdan v. United States up shortly. In the meantime, here’s one observation – which I reckon Steve will supplement with some remarks of his own.
Suffice it to say … Read more »
Abdul-Rahman Suleiman’s petition for rehearing en banc in the D.C. Circuit Court of Appeals has been denied, as has his petition for rehearing.
Read our prior coverage here.… Read more »
Last week we mentioned that the D.C. Circuit Court had affirmed the District Court’s decision in Mashur Abdullah Muqbel Alsabri’s habeas corpus case. It looked as though the Court was holding off on publishing its opinion so it could be … Read more »
Tomorrow morning, a panel of three judges from the United States Court of Appeals for the District of Columbia Circuit (Chief Judge Sentelle along with Circuit Judges Ginsburg and Kavanaugh) will hear argument in the case of Salim Hamdan v. … Read more »
The government’s opposition to cert in Latif is now public. The government argues that “The decision of the Court of Appeals is correct and does not conflict with any decision of this Court or any other court of appeals. Further … Read more »
This is an interesting issue I have not yet seen before in a Guantanamo habeas case. Some time back, a detainee named Abdu Al-Qader Hussain Al-Mudafari filed a motion to dismiss his habeas petition without prejudice but nonetheless retain access to his … Read more »
Wells and Larkin have a more comprehensive preview in the works for Thursday’s oral argument before the D.C. Circuit in Hamdan v. United States, and I’d encourage folks to wait for their contribution to get a full sense of … Read more »
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
