In describing Hatim v. Obama (the D.C. Circuit Guantánamo appeal in which the government filed its opening brief on Friday) as the “counsel access” case, Raff has hit the nail on the head. Although the appeal involves the district … Read more »
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, … Read more »
It’s a battle over the latest case law in Hamad v. Gates, a GTMO-related appeal now awaiting decision from the Ninth Circuit.
After oral argument on June 5, the government noted certain supplemental authority: a recent—and, in the … Read more »
Five years ago today, the Supreme Court handed down its 5-4 decision in Boumediene v. Bush, holding that the Constitution’s Suspension Clause “has full effect” at Guantánamo Bay, and that the review scheme provided by the Detainee Treatment Act … Read more »
From Harold Koh’s speech to the Oxford Union the other day: the first “obvious” difference between the Bush and Obama administrations is that “the Obama Administration has not treated the post-9/11 conflict as a Global War on Terror to … Read more »
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 … Read more »
As the recent decisions by the Court of Military Commission Review (CMCR) in the Guantánamo military commission ACLU/media access cases suggests, there are a host of complicated and heretofore unresolved questions about the scope of appellate and collateral review of … Read more »
One of the more interesting structural constitutional questions to emerge from the post-9/11 detention litigation has been the previously under-explored relationship between the Constitution’s Suspension and Due Process Clauses–and the extent to which they might do separate work with regard … Read more »
The United States has filed its appellate brief in the case of Al-Janko v. Gates et al., a damages action brought by a former Guantanamo detainee against former government officers in their individual capacities. (You can find more background … Read more »
Amidst all the hubbub earlier this week, we neglected to note the filing of a new cert. petition in a Guantánamo habeas case–in Obaydullah v. Obama, filed in the Supreme Court on Tuesday. Our coverage of the D.C. Circuit’s … Read more »
What, if anything, do developments in the military commission case of United States v. al-Nashiri portend for Al-Nashiri v. MacDonald, an ongoing, civil challenge to the accused’s war crimes prosecution? The question arises in letters filed in the civil … Read more »
Judge James Pohl apparently has rejected the defense’s bid, in the 9/11 case, to presume (subject to rebuttal) the Constitution’s application to military commission proceedings.
We don’t have the court’s order yet, but we do have this statement from James … Read more »
Andrew Kent writes in with the following guest post on his fascinating new article on Ex Parte Quirin. I asked Andrew to write up this piece, after reading an earlier draft of the underlying paper for a workshop last … Read more »
Andrew Kent (Fordham University School of Law) has posted a new paper to SSRN, “Judicial Review for Enemy Fighters: The Court’s Fateful Turn in Ex Parte Quirin, the Nazi Saboteur Case.” (66 Vanderbilt Law Review 101 (2013).) Professor Kent will … Read more »
On Thursday, lawyers for Abd Al Rahim Hussein Al-Nashiri filed their reply brief in Al-Nashiri v. MacDonald, a civil case now pending before the United States Court of Appeals for the Ninth Circuit.
Al-Nashiri, a defendant before the Guantanamo … Read more »
What’s a habeas petitioner to do, if 1) current and former U.S. military officials believe that he no longer poses a significant threat, and that his law of war detention is no longer necessary; but 2) a Periodic Review Board … Read more »
Vice Admiral (Retired) Bruce MacDonald, the Convening Authority for the military commissions at Guantanamo Bay, has filed his appellate brief in Al-Nashiri v. MacDonald. That’s the civilian court lawsuit brought by commission defendant Abd Al Rahim Hussein Al-Nashiri, and now … Read more »
While I am sure we differ in emphasis and details, I agree with the thrust of Trevor’s latest post. As I argued in my last two books, the early Bush administration approach to presidential power was, in reality and … Read more »
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. … Read more »
Back in June, I wrote a fairly lengthy post analyzing the ability of detainees in U.S. custody facing extradition or other involuntary transfer to a foreign sovereign to challenge their transfer pursuant to the federal statute implementing the United States’ … Read more »