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Tag Archives: 2006 Military Commissions Act

Abdullah Files His Reply-Brief Before the D.C. Circuit

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Monday, December 30, 2013 at 12:17 PM

As Raffaela previously noted, the case of Abdullah v. Obama is an exercise in “heel dragging and losing arguments.” A brief refresher on the case: the legal saga started when Guantanamo detainee Hani Saleh Rashid Abdullah filed a habeas petition. The petition went unanswered. Accordingly, Abdullah switched tactics and instead moved for a preliminary injunction against his . . .
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An Explainer on Hamdan II, Al-Bahlul, and the Jurisdiction of the Guantánamo Military Commissions

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Friday, April 26, 2013 at 10:30 AM

As Wells noted on Tuesday, the D.C. Circuit granted the government’s petition for rehearing en banc in Al-Bahlul v. United States. This is a very important development, as the full appeals court will now determine whether military commissions may try defendants for pre-2006 instances of “standalone” conspiracy and providing material support for terrorism. Al-Bahlul has . . .
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Amici Retired Military Officials Seek to Participate in Al-Nashiri v. MacDonald Argument

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Thursday, April 25, 2013 at 6:00 PM

The Ninth Circuit will hear oral argument in Al-Nashiri v. MacDonald on June 3.  The civil appeal challenges the power of the Military Commissions’ Convening Authority to prosecute Al-Nashiri before a military tribunal at Guantanamo.    Seeking to participate in the argument is a group of retired military admirals, generals and colonels, who earlier filed a brief as amici curiae.   The . . .
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Bahlul Requests Clarification of D.C. Circuit’s En Banc Order

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Wednesday, April 24, 2013 at 4:02 PM

As Wells and Ben wrote yesterday, the D.C. Circuit granted the government’s petition for rehearing en banc in U.S. v. Bahlul.   Today, the accused’s counsel asked the court to clarify instructions it issued in granting en banc review. The D.C. Circuit had asked the parties to brief two questions, in addition to those raised thus far: one, for purposes of considering . . .
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Breaking News: D.C. Circuit Grants En Banc Rehearing in Al-Bahlul

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Tuesday, April 23, 2013 at 11:54 AM

Whoa.  This is very big news—though what it means is far less clear. The D.C. Circuit has granted the government’s petition for rehearing en banc in the military commission case of U.S. v. Al-Bahlul.  It thus appears that a majority of the court’s seven active judges wish to explore the rulings of two three-judge panels, one in Al-Bahlul and . . .
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Petitioner’s Further Briefing in GTMO Hunger Strike Dispute

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Thursday, April 11, 2013 at 7:00 AM

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 taking part in an ongoing GTMO hunger strike—claims that detention facility personnel denied him potable water, . . .
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Military Commission Prosecutor’s Filings Regarding 9/11 Conspiracy Charges

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Saturday, January 26, 2013 at 8:39 AM

The Guantánamo military commissions yesterday released—after a security review—a pair of important filings by the Office of the Chief Prosecutor (OCP), regarding the ongoing controversy over the conspiracy charges against the five 9/11 defendants. (For background, see our prior coverage here, here, and here; and Chief Prosecutor Brig. Gen. Mark Martins’s podcast with Ben on the decision . . .
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Terrorists, Pirates, and Drug Traffickers: Customary International Law and U.S. Criminal Prosecutions

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Friday, January 11, 2013 at 10:34 AM

As I discuss in my forthcoming book, International Law in the U.S. Legal System, regardless of whether customary international law has the status of self-executing federal law, it can play an important role in U.S. litigation.  The invocation of customary international law in civil suits brought under the Alien Tort Statute is of course well . . .
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The NDAA and Detention in Afghanistan: Congress Takes a Step Toward Greater Involvement

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Thursday, December 20, 2012 at 6:21 PM

Another noteworthy development in the conference version of the NDAA is section 1025.  Think of this as a new direction in the congressionalization of detention operations in Afghanistan. What do I mean by congressionalization?  I admit I just made that term up.  So let me explain.  We’re all familiar with the idea of judicialization of detention–i.e., the gradual assertion of some . . .
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Obama v. Bush on Counterterrorism Policy

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Sunday, November 11, 2012 at 1:18 AM

I agree with much of what Jack says in his recent post about the counterterrorism issues likely to face President Obama in his second term.  But there’s one aspect of how Jack frames the discussion that I disagree with somewhat.  Because a number of other commentators seem to use the same basic framing, I thought I’d . . .
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Thoughts on Hamdan II

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Friday, October 19, 2012 at 11:56 AM

Steve, Ben, Jack, and Bobby have already posted some excellent thoughts on the DC Circuit’s decision in Hamdan II.  I agree with many of them.  In particular, I think Jack is right to suggest that, wholly apart from its correctness as a legal matter, the decision might not be all that good for those Guantanamo detainees . . .
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“Mission Creep” in NGO Demands?

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Tuesday, March 27, 2012 at 6:34 PM

In Law and the Long War, Ben described a cyclical process in which civil liberties and human rights NGOs would criticize the Bush administration’s detention standards and policies on GTMO, the Bush administration (under pressure from various fronts) would reform detention policy to move toward the NGO position, and then NGO demands would ratchet up . . .
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Kevin Jon Heller on Thravalos on Hamdan

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Monday, March 26, 2012 at 7:53 AM

Over at Opinio Juris, Kevin Jon Heller offers the following objection to Haridimos Thravalos’s guest post last night on Hamdan, conspiracy, and history: There is, however, a basic problem with Thravalos’ argument.  He claims that “[t]he Hamdan plurality found that conspiracy was not a violation of the law of war under domestic precedents for three reasons” (emphasis mine).  But the Hamdan plurality . . .
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Haridimos Thravalos on Hamdan, Conspiracy, and History

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Sunday, March 25, 2012 at 11:46 PM

I received this evening a most extraordinary guest post. It isn’t every day that someone sends me a memo outlining how a four-justice plurality of the Supreme Court got a key historical point wrong in a major case–much less does so convincingly. But that is what the following article by one Haridimos V. Thravalos claims about . . .
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Obama Administration and Military Commissions: Response to Steve

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Thursday, March 22, 2012 at 1:31 PM

I don’t believe, as Steve suggested in his good response to my Slate essay on military commissions, that Obama’s continuation of military commissions is “a validation of . . . the policies of the (later part of the) Bush Administration.”  Rather, I think the continuation built upon, and was made possible by, the interventions of other . . .
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The Subtle New (Constitutional) Holding in Al-Zahrani

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Tuesday, February 21, 2012 at 2:47 PM

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 himself and Judges Williams and Randolph, Chief Judge Sentelle held that the plaintiffs’ claims are barred by . . .
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A Closer Look at Lebron v. Rumsfeld (Padilla’s Bivens Suit)

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Wednesday, January 25, 2012 at 4:24 PM

As Jack and Steve have both noted, yesterday the Fourth Circuit issued its opinion in Lebron v. Rumsfeld, the appeal seeking reversal of a district court’s decision denying Jose Padilla declaratory and equitable relief against several current and former U.S. officials.  While Steve has also posted some initial thoughts on the opinion here (and more is sure to . . .
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Al-Nashiri #9: For CIPA Nerds Only

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Wednesday, January 18, 2012 at 3:56 PM

By Benjamin Wittes & Ritika Singh   Leaving the subject of mail, Judge Pohl announces that the parties have resolved on their own the issue that gave rise to government motion AE014 and that a protective order has been written and is ready for him to approve.Judge Pohl then turns to defense motion AE024, the . . .
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Peter Margulies Reports on AALS II

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Tuesday, January 10, 2012 at 2:43 PM

Here is Part II of Peter Margulies’s reporting from AALS: AALS Federal Courts Debate II: Military Commissions and Material Support The lively federal courts panel at the American Association of Law Schools conference also sparked disagreement on trials in military commissions.  Marty Lederman recalled that the administration had advised Congress in 2009 that courts might . . .
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Argument Recap in Lebron v. Rumsfeld (Padilla’s Bivens Suit)

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Monday, October 31, 2011 at 8:40 AM

Oral arguments in Lebron v. Rumsfeld took place before the Fourth Circuit on Wednesday. The oral argument audio recording is available here, and my argument preview, with background on the case as well as links to the lower court decision and the appellate briefs, is available here. The ACLU’s Benjamin Wizner argued for the petitioner, and Sidley Austin’s Richard . . .
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