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Tag Archives: Bagram

Russian Bagram Detainee Set for Federal Prosecution in U.S.

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Thursday, October 23, 2014 at 3:45 PM

Or so I gather from this Washington Post piece, which opens thusly: A Russian captured fighting with insurgents in Afghanistan and held for years at a detention facility near Bagram air base will be flown to the United States to be prosecuted in federal court, according to U.S. officials. The move marks the first time a foreign . . .
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The D.C. Circuit’s Opinion in the Bagram Habeas Petitions

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Monday, December 30, 2013 at 4:31 PM

On Christmas Eve, a three-judge panel of the D.C. Circuit handed down its opinion in a habeas appeal brought by three detainees held by the United States at Bagram Air Force Base’s Parwan detention facility in Afghanistan. The opinion in the consolidated cases of Al Maqaleh v. Hagel, Amanatullah v. Obama and Hamidullah v. Obama, authored by . . .
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Unwinding Detention in Afghanistan: Are Military Commissions in the United States the Solution?

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Thursday, December 19, 2013 at 6:00 AM

The Washington Post had an important story yesterday involving the future of the 53 military detainees who remain in U.S. custody in Afghanistan. Why not just stick with the status quo—i.e., military detention under color of the law of armed conflict?  Primarily because the clock is ticking on our practical capacity to maintain the status quo.  As . . .
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Afghanistan May Release Hundreds of Detainees Transferred from US Military Custody

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Saturday, November 9, 2013 at 8:12 PM

The unwinding of US detention operations in Afghanistan continues.   The latest development concerns the population of some 880 Afghan detainees whom the United States has transferred to Afghan control as part of the drawdown process (the United States continue to hold a smaller population of non-Afghan detainees, the long-term disposition plan for which is unclear . . .
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Oral Argument Recap: The Bagram Habeas Cases

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Wednesday, September 18, 2013 at 3:25 PM

Here’s a quick read-out from Tuesday’s oral argument in a trio of cases concerning detainees captured outside of Afghanistan, but eventually transferred to the custody of the U.S. military and held at a facility at Bagram airfield. The day involved, as Raffaela reported earlier, two separate arguments. The first merged the Al Maqaleh and Amanatullah . . .
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Unwinding Detention in Afghanistan Hits a Rough Patch

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Saturday, March 9, 2013 at 11:27 AM

I’ve posted many times on the gradual but inexorable process through which the United States is closing out its detention operations in Afghanistan, including this recent update.  It has been a bumpy road, and after President Karzai recently suggested that he would quickly release certain detainees once able to do so, it not surprisingly has . . .
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Another Bagram Habeas Petition Dismissed

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Saturday, November 17, 2012 at 4:07 PM

Chief Judge Lamberth has granted the government’s motion to dismiss a first amended habeas petition filed by a Pakistani citizen held at Bagram, following the Circuit’s decision in al Maqaleh (and the subsequent decision on remand in that case by Judge Bates). Note: The petitioner is identified as Amanatullah…I do not know if this is . . .
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One Further Thought on CT Continuities and Discontinuities

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Sunday, November 11, 2012 at 12:03 PM

I appreciate Jack’s follow-up post on the larger picture of the Obama administration’s counterterrorism policies and their points of continuity with the Bush administration (though only the late Bush, as he properly underscores).  Jack and I agree on much more than we disagree on, including that evaluations of the Obama policies in this area depend in . . .
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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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Supplemental Briefing on Bagram Jurisdiction

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Tuesday, July 24, 2012 at 9:52 PM

Following last week’s motions hearing in Maqaleh and Hamidullah, the cases seeking habeas jurisdiction over the detention facility at Bagram, the petitioners in Maqaleh have filed a supplemental brief arguing against the government’s motion to dismiss. Here are some exhibits. Haven’t read ‘em yet.

Read-Out From Motions Hearing in Al-Maqaleh and Hamidullah

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Monday, July 16, 2012 at 11:02 PM

Here’s your off-the-cuff read-out of this morning’s hearing before U.S. District Judge John Bates in Al-Maqaleh v. Gates and Hamidullah v. Obama, better known as the “can we get a little GTMO-style habeas review over U.S. detentions at Bagram” cases.  In short, the court unsurprisingly pushed both sides and revealed weaknesses in their respective positions.  . . .
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Hearing Today in Al Maqaleh v. Rumsfeld

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Monday, July 16, 2012 at 9:10 AM

As Ben noted last month, Judge Bates recently has shown some interest in possibly moving the Boumediene-at-Bagram case, Al Maqaleh v. Rumsfeld, along toward a resolution.  After several very quiet months seemingly mulling over the pleadings before him, on the same day NPR aired a story suggesting that the U.S. “may have created a Guantanamo-style . . .
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Proxy Detention in Somalia, and the Detention-Drone Tradeoff

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Friday, June 29, 2012 at 11:25 AM

There has been speculation about the effect of the Obama administration’s pinched detention policy – i.e. no new detainees brought to GTMO, and no new detainees to Parwan (Afghanistan) from outside Afghanistan – on its other counterterrorism policies.  I have long believed there must be some tradeoff between narrowing U.S. detention capabilities and other counterterrorism . . .
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Faster Than You Can Say “Wahid”: Petitioner Transferred, Order Vacated

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Friday, June 29, 2012 at 9:38 AM

Remember Tuesday’s order in Wahid v. Gates, in which the district court had thrown out a habeas claim regarding detention at Bagram?  It turns out that the district court’s decision was overtaken by events, as described in an order issued yesterday:   Approximately four hours after the Court issued its opinion and judgment in this matter, the Respondents notified . . .
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District Court Dismisses in Wahid

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Wednesday, June 27, 2012 at 11:43 AM

The United States District Court for the District of Columbia yesterday granted the United States’ motion to dismiss in Wahid v. Gates – a habeas case in which the petitioner had challenged his detention at Bagram.  The gist of the analysis by Judge James Gwin (a trial judge from the Northern District of Ohio, sitting by designation in the District)  seems, on first . . .
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Plan Ahead for the End of Afghan Detention Operations

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Friday, January 6, 2012 at 9:53 AM

At one point prior to 2009, [Update: In my haste this morning, I erred by referring to 100,000 detainees in Iraq at a single point in time, when instead I meant to refer to the volume of detainees we held there over time; the maximimum at any given point in time, I believe, was in . . .
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Duke Law Discussion of Theater Detention Operations

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Wednesday, June 22, 2011 at 9:00 PM

Some time back, I spoke at a panel at Duke Law School on detention policy alongside, among others, Michael Gottlieb, who had just completed a fourteen month tour as the top civilian official in Task Force 435 in Afghanistan. As I noted at the time, I found Gottlieb’s remarks especially valuable. Indeed, I have never . . .
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Missing “Not” in al-Hajj

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Monday, June 13, 2011 at 8:52 PM

The memorandum opinion filed on May 23rd in al-Hajj v. Obama (read Bobby’s analysis here and Ben’s here) apparently had a slight error. Readers may have been confused by the first paragraph on page 10 of the court’s opinion, which stated contradictorily: The Court agrees that petitioner’s statement does establish that he was subject to . . .
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Al Maqaleh Update

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Tuesday, February 15, 2011 at 5:29 PM

As Josh Gerstein reports over at Politico, U.S. District Judge John D. Bates today granted the Al Maqaleh petitioners’ motion for leave to file amended habeas petitions.  Al Maqaleh concerns the habeas petitions of detainees held at the Bagram Theater Internment Facility in Afghanistan. In April 2009, Judge Bates denied a government motion to dismiss . . .
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Redoing the Human Rights First Report Card V

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Wednesday, January 12, 2011 at 11:19 PM

I am perplexed by this category and grade: Grade: Incomplete Due Process in Afghanistan. Following recommendations from Human Rights First, the Obama administration in 2009 made important improvements to the Detainee Review Boards, which determine whether detainees captured in Afghanistan are “unprivileged enemy belligerents” and therefore lawfully detainable. However, the detainees are not represented by lawyers and cannot see or learn of . . .
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