The D.C. Circuit just issued its very brief decision to vacate and remand Hatim v. Gates (No. 10-5048). Text follows:
PER CURIAM: Saeed Mohammed Saleh Hatim, a Yemeni national, is a prisoner at the Guantanamo Bay Naval Base. The district
Uthman Abdul Rahim Mohammed Uthman is in trouble. Facing a relatively congenial D.C. Circuit panel for a Guantanamo detainee and represented by counsel who did an excellent job presenting his case, he made no headway. He will be lucky if … Read more »
Tomorrow morning, a panel of the D.C. Circuit Court of Appeals will hear arguments in another Guantanamo habeas case, that of Uthman Abdul Rahim Mohammed Uthman (Case No. 10-5235). The case, captioned under Abdah v. Obama, is a government … Read more »
Steve Vladeck just sent in the following thoughts in response to my suggestion that habeas is not quite a right without a remedy:
Without getting too deeply into the back-and-forth between you, David, and Sabin over the “Embrac[e] Guantanamo” idea,
Habeas lawyer David Remes sent in the following thoughts about the Supreme Court’s denial of certiorari in Al Adahi today—about which I commented here:
That the Court did not grant review is a disappointment to those of us who
The Supreme Court’s denial of cert in Al Adahi is not in any sense a surprise. To the contrary, I would have been shocked if the justices had agreed to hear the case. It is, however, an important development worthy … Read more »
This morning the Supreme Court denied cert. in Al Adahi v. Obama. Justice Kagan had unsurprisingly recused herself from the case.
In this petition the detainee argued that the D.C. Circuit had improperly altered the “clearly erroneous” standard of review … Read more »
This is interesting. Today in one of the more recent Guantanamo merits appeals, that of Toffiq Nasser Awad Al Bihani, the government and petitioner jointly filed for summary affirmance of the district court’s ruling. The ruling they seek to affirm is … Read more »
Today the government filed the public version of its appellant’s brief in Almerfedi v. Obama (No. 10-5291), a habeas merits case. In this appeal the government appeals Judge Paul Friedman’s sole habeas merits opinion to date, a case in which … Read more »
It was a big day for the war-on-terror cases at the Supreme Court yesterday—at least if you are into government briefs. The government filed two important ones. They are:
1) Its brief in opposition to Mohammed Al Adahi’s petition for a … Read more »
Mark Erickson, author of the Norwegian Shooter blog sent me a thoughtful note objecting to Bobby and my discussion of the D.C. Circuit’s Salahi decision. I invited him to write up his thoughts as a guest post. He writes … Read more »
They say you can’t tell where an appeals panel is headed based on the oral argument. Sometimes you can. I will go out on a limb on the one I attended today: I will eat my computer if the D.C. Circuit … Read more »
(by Larkin Reynolds and Benjamin Wittes)
Tomorrow, D.C. Circuit Judges Karen LeCraft Henderson, A. Raymond Randolph, and Stephen Williams will hear oral argument in Hatim v. Obama, a habeas merits appeal of some potential importance.
The case is a
(By Robert Chesney and Benjamin Wittes)
This morning the D.C. Circuit vacated and remanded a decision by former U.S. District Judge James Robertson, granting habeas relief to Mohammedou Salahi. The opinion, written by Judge Tatel and joined by Chief Judge … Read more »
Judge A. Raymond Randolph, in his speech the other day at the Heritage Foundation, addressed two intertwined but ultimately distinct issues: Whether the Supreme Court’s Boumediene decision is historically and jurisprudentially sound, and the “mess” it has created in … Read more »
