Memo to the D.C. Circuit: Staying at a guesthouse is not the same as taking military training.
Ever since the D.C. Circuit’s decision in Al Bihani last year, its opinions have repeated some language that was originally buried in a … Read more »
Almerfedi is a big deal—though perhaps subtly. Judge Laurence Silberman’s opinion continues a trend, begun by Judge Brett Kavanaugh in Uthman, of clarifying just how little the preponderance of the evidence standard really requires of the government. This … Read more »
The D.C. Circuit has handed down its decision in the case of Hussain Almerfedi, a Guantanamo habeas petitioner. The opinion is written by Judge Laurence Silberman for himself and Judge Brett Kavanaugh. Judge Judith Rogers concurred in part and in … Read more »
They say you can’t tell how a case is going to come out from an oral argument. Sometimes you can, and today is one of those days. Hussain Salem Mohammad Almerfedi is going to have his head handed to him … Read more »
Tomorrow morning, a panel of the D.C. Circuit Court of Appeals will hear arguments in another Guantanamo habeas case, that of Hussain Salem Mohammad Almerfedi (Case No. 10-5291). The case is a government appeal of Judge Paul Friedman’s sole Guantanamo habeas merits decision… Read more »
Judge Laurence Silberman’s concurring opinion today in Esmail makes three points, each of them warranting comment. I have enormous regard for Judge Silberman, and I critique his opinion with caution. But I confess myself a little perplexed by it. The first of his … Read more »
The D.C. Circuit continued this morning its broad-based, cross-ideological conspiracy to mess up my schedule. I was returning this morning from a perfectly delightful trip to Saratoga Springs, NY to teach some classes and give a lecture at Skidmore College, … Read more »
Today a D.C. Circuit panel of judges Garland, Griffith, and Kavanaugh reversed and remanded, with instructions to deny, Uthman v. Obama (Case No. 10-5235). Uthman is the merits appeal concerning habeas petitioner Uthman Abdul Rahim Mohammed Uthman. The government … Read more »
Yesterday the D.C. Circuit resolved this interesting question in Almerfedi v. Obama. The panel of Judges Brown, Kavanaugh, and Silberman ruled in the government’s favor, granting the (non-temporary) stay that will prevent petitioner Almerfedi from being transferred out of U.S. custody … Read more »
This afternoon the D.C. Circuit responded to the government’s request for a temporary stay in Almerfedi v. Obama by granting the motion. This means that the detainee, habeas petitioner Hussain Salem Mohammed Almerfedi, will remain in custody at Guantanamo Bay while the appellate … Read more »
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 »
Readers interested in my post from yesterday will find this document useful; prepared by OLC veterans from the Clinton administration in response to the controversy over the Bush administration’s use of signing statements, it makes many of the same points I … Read more »
A few of the habeas merits appeals before the D.C. Circuit were just scheduled for oral argument. Here are the dates and panel assignments:
Al Warafi v. Obama: Oral argument will be held February 7, 2010 before judges Ginsburg, Garland, … Read more »
Last week I wrote that Barhoumi v. Obama, one of the government’s D.C. Circuit wins, had an outcome that was tentative because of underlying material the government had failed to produce in the district court. Here are the documents … Read more »
