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Tag Archives: Al Madhwani

District Court: No Jurisdiction Over Emergency GTMO Motion on Water, Cold

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Monday, April 15, 2013 at 7:26 PM

That’s the gist of this report, filed earlier today by Politico’s Josh Gerstein: A federal judge declined Monday to take action on behalf of a hunger-striking prisoner at Guantanamo Bay whose attorneys say his life is in danger because of a lack of clean water and adequate medical treatment. After an hour-long hearing Monday morning, . . .
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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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Developments in GTMO Emergency Motion on Water and Cold

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Monday, April 8, 2013 at 8:53 PM

Earlier today, in Anam et. al. v. Obama, the district court sought further briefing on its power to hear a GTMO detainee’s complaints of mistreatment by detention personnel. Background: an April 15 hearing had been set on hunger striker Mus’ab Omar al-Madhwani’s emergency motion “for humanitarian and life-saving relief.”  In the filing, the detainee’s attorneys said GTMO officials had denied al-Madhwani . . .
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Exhibits in the Al Madhwani Emergency Motion

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Friday, March 29, 2013 at 11:08 AM

Here are a bunch, which I should have included in my post this morning on Musa’ab Al Madhwani’s emergency motion on clothing, temperature, and potable water: Declaration of Stephen N. Xenakis, M.D. Statement of Musa’ab Al Madhwani in Support of Emergency Motion for Humanitarian and Life-Saving Relief Declaration of Derek A. Poteet Declaration of Daniel Lakemacher . . .
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Al Madhwani Emergency Motion on Water and Clothes

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Friday, March 29, 2013 at 7:01 AM

An emergency motion filed before U.S. District Judge Thomas Hogan the other day alleges that guards at Guantanamo are denying a hunger-striking detainee access to potable water and are cranking up the air conditioning to freeze the detainees. The government swiftly denied the premise and filed an affidavit attempting to rebut it. Here’s what Musa’ab Omar Al Madhwani . . .
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SCOTUS Denies Cert in Seven GTMO Habeas Cases, and Lebron Too

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Monday, June 11, 2012 at 10:50 AM

That’s the outcome of orders from the Supreme Court today, an across-the-board denial of review in seven Guantanamo habeas cases: Latif, Al-Bihani, Uthman, Almerfedi, Al-Kandari, Al-Madhwani, and Al-Alwi.  For good measure, the Court also voted not to take up Lebron v. Rumsfeld, in which the Fourth Circuit had rejected a Bivens action by Jose Padilla.  No dissents from these denials were noted in today’s order.  There . . .
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Lyle Denniston on Guantanamo Cert Petitions

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Wednesday, March 14, 2012 at 4:29 PM

Raffaela linked to this the other day, but I only now just got around to reading it. Lyle Denniston at SCOTUSblog has an interesting piece on the various cert petitions in Guantanamo cases now pending before the Supreme Court. While Lyle’s working assumptions about these cases differ in some respects from my own, he does a . . .
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Al-Madhwani Reply Brief

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Wednesday, February 8, 2012 at 8:54 PM

The reply brief in support of certiorari in Al-Madhwani v. Obama has been filed. We earlier posted Al Madhwani’s cert petition and the government’s opposition to cert. Al-Madhwani is seeking review of this DC Circuit opinion affirming his detention. That opinion, in turn, affirmed District Judge Thomas Hogan’s earlier opinion.

Al Madhwani Cert Opposition Filed

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Friday, January 27, 2012 at 9:22 AM

The government has filed its opposition to cert in the case of Al Madhwani v. Obama–a Guantanamo habeas case. Al Madhwani’s cert petition seeks review of this DC Circuit opinion affirming his detention. That opinion, in turn, affirmed District Judge Thomas Hogan’s earlier opinion. The government’s argument is interesting because it explicitly invokes the new language in the NDAA: In . . .
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Al-Madhwani Cert Petition

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Thursday, October 27, 2011 at 9:24 PM

Musa’ab Omar Al-Madhwani, a Guantanamo habeas petitioner, has filed a cert petition seeking review of the DC Circuit opinion affirming his detention. That opinion, in turn, affirmed District Judge Thomas Hogan’s earlier opinion. The petition presents the following questions: Whether the Court of Appeals’ expansive detention standard, approving detention based on peripheral association with others now suspected of being . . .
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GTMO Habeas Numbers Update

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Tuesday, June 7, 2011 at 2:44 PM

There’s been quite a bit of activity in the Guantanamo habeas courtrooms since Larkin last posted these statistics in mid-April. Last week’s voluntary dismissal of Fahmi Al Assani’s and Suleiman Al Nadhi’s appeals, as well as the D.C. Circuit’s Al Madhwani decision, caused some changes. There are also two new appeals: Obaydullah and Alsabri. The category of unappealed district-court . . .
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Another Thought About Al Madhwani

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Sunday, May 29, 2011 at 12:49 PM

One further thought about the D.C. Circuit’s Al Madhwani opinion–along the same lines as I mentioned earlier. There are at least two other places in this brief (12 page) opinion in which the panel opinion, written by Judge Karen LeCraft Henderson, casually reiterates quite controversial premises of earlier D.C. Circuit opinions–thus, I think, having the . . .
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A Thought on Al Madhwani

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Sunday, May 29, 2011 at 8:59 AM

I said on Friday that I would post some thoughts on the D.C. Circuit’s decision in Al Madhwani. Here is my first. This is the second recent decision in which the D.C. Circuit has casually reiterated that is has “held” that someone may be detained based on “support” for an enemy group that is less . . .
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D.C. Circuit Opinion in Al Madhwani

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Friday, May 27, 2011 at 11:04 AM

The D.C. Circuit has just issued its opinion in Al Madhwani v. Obama–a Guantanamo habeas case. The case, which I previewed here and whose oral argument Larkin and I tag-team-covered here, is brief and breaks little new ground. The three-judge panel of Judges David Tatel, Karen LeCraft Henderson, and Douglas Ginsburg affirmed District Judge Thomas Hogan’s . . .
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Al Madhwani Argument Summary

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Thursday, March 10, 2011 at 9:39 PM

(By Benjamin Wittes and Larkin Reynolds) The D.C. Circuit has a remarkable collection of talent. I am constantly amazed at how well-versed its judges are in the record in the cases I watch and the wealth of material they draw on in formulating questions. Their generally extraordinary level of capability makes it all the more . . .
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Al Madhwani Argument Preview

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Monday, March 7, 2011 at 9:16 AM

On Thursday morning, a panel of the D.C. Circuit Court of Appeals will hear arguments in the latest in a long string of habeas appeals to make their way up the appellate chain: Masaab Al-Madhwani v. Barack Obama. Al-Madhwani is a Yemeni national—a part of a large class of detainees, the fact pattern of whose . . .
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New Brief in Khan, Al Madhwani Public Merits Briefing Complete

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Wednesday, February 16, 2011 at 12:37 PM

Yesterday two new GTMO habeas briefs became publicly available. The first is the appellant’s opening brief in Khan v. Obama (No. 10-5306). In this case, petitioner Shawali Khan appeals Judge John Bates’s September 2010 decision denying his habeas petition. Khan argues that the government’s evidence was insufficient to prove by a preponderance of the evidence . . .
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Two New Briefs in Guantanamo Habeas Appeals

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Friday, January 28, 2011 at 7:31 PM

We have new briefs in two Guantanamo habeas appeals–Al Madhwani v. Obama and Al Abdah v. Obama (Al Latif). The first is the government’s response brief in Al Madhwani, a case in which Musa’ab Omar Al-Madhwani appeals Judge Thomas Hogan’s December 2009 bench ruling and January 2010 opinion affirming Al-Madhwani’s detention, as well as two other interlocutory . . .
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Public Appellant Brief Available in Al Madhwani

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Wednesday, December 15, 2010 at 4:52 PM

Today, the D.C. Circuit released the public version of the appellant’s brief in Al Madhwani v. Obama. In this case, Musa’ab Omar Al-Madhwani appeals Judge Thomas Hogan’s December 2009 bench ruling and January 2010 opinion affirming his detention, as well as an order denying certain discovery requests and an order denying his motion for reconsideration. His lawyers . . .
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