Steve Vladeck has this very interesting take on last week’s Hatim decision. Put simply, Steve thinks this case is a way bigger deal than we have suggested, for the following reason:
Buried in the three-page order, however, is a
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
After receiving both parties’ responses to its order from last week to show cause why a certain district court order from the Hatim case should not be unsealed, today the D.C. Circuit ordered that document be released.
In response, the District Court … Read more »
Today the D.C. Circuit issued its disposition of (Tofiq) Al Bihani v. Obama (Case No. 10-5352) with an order granting the parties’ joint motion for summary affirmance. The parties had agreed in their motion that “to pursue [the] appeal … 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 »
This past week two detainees who lost their habeas merits appeals before the D.C. Circuit filed petitions for certiorari—Ghaleb Nassar Al Bihani and Adham Mohammed Ali Awad.
Broadly speaking, Al Bihani’s challenge involves several arguments about the substantive … 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
In a recent article in the Miami Herald, Carol Rosenberg noted that the government has prevailed on the merits in three straight GTMO habeas proceedings and offered perspectives on what this might signify. Could it be a change in the … Read more »
Kevin Heller claims that the D.C. Circuit in its al-Bihani panel opinion has reached the conclusion, with which he agrees, that “there [is] no justification for the government’s attempt . . . to import the concept of co-belligerency into non-international … Read more »
I have now read Judge Reggie Walton’s opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani. In keeping with my usual practice, I will leave it to others to discuss the case’s effect on the “scorecard.” The case, … Read more »
Judge Reggie Walton’s redacted opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani has been declassified. I will have comments once I’ve read and digested it. The conclusion reads:
As counsel for the petitioner candidly acknowledged at the
I was amused, in reading Judge Bates’ Khan opinion just now, to run across the judge’s account of the scope of the government’s detention authority—amused because the New York Times this morning editorialized that holding people in prolonged military detention … Read more »
The underlying opinions are not yet available, but readers may be interested in knowing that merits decisions in two more GTMO habeas cases were reported over the past week, including one today. The government prevailed in both instances.
First, Judge Kollar-Kotelly … Read more »
More than two years ago, in my book Law and the Long War: The Future of Justice in the Age of Terror, I wrote the following paragraph about the value of habeas review to innocent detainees:
Indeed, [my] critique
