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Tag Archives: D.C. Circuit

Bahlul: A Longer View

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Tuesday, July 15, 2014 at 6:46 AM

Steve says of yesterday’s Bahlul decision. Whether or not you agree with the result of today’s decision, the D.C. Circuit has done no one any favors–not the government, which will still be terribly uncertain as to which cases it can and can’t bring; not the defendants, for obvious reasons; not the public; and, most importantly, not the commissions–the fragility . . .
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Interesting New Habeas Argument in the D.C. Circuit

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Friday, July 11, 2014 at 7:18 AM

This case has been kicking around the district court for a while, but has now made it to the D.C. Circuit. Ahmed Adnan Ajam is basically arguing that the executive branch wants to release him and the transfer restrictions on its doing so represent an unconstitutional infringement of presidential power. He lost in the district court on . . .
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Oral Argument Summary: Al Laithi v Rumsfeld

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Saturday, February 22, 2014 at 12:00 PM

The courtroom is nearly full at the DC Circuit Court of Appeals for oral arguments in Al Laithi v. Rumsfeld. It is full mostly with a large number of students—apparently both college and law-school-age students—who fill the four back-most rows. Al Laithi is a bit of a weird case for students to use as an entry point into the Guantanamo discussion: It . . .
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Oral Argument Recap: Abdullah v. Obama

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Tuesday, January 21, 2014 at 2:42 PM

The long-running habeas case of Abdullah v. Obama should have seen a hearing on the merits a long time ago.  But it hasn’t, and that is really bad.  Nevertheless, the detainee’s attempt to eke out some sort of non-habeas relief in the meantime—a preliminary injunction which the district court rejected—apparently isn’t going anywhere on appeal.  . . .
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Tomorrow at the D.C. Circuit: Abdullah v. Obama

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Monday, January 20, 2014 at 4:42 PM

Tomorrow morning at 9:30 a.m., a three-judge panel of the D.C. Circuit will hear oral argument in the Guantanamo habeas case of Abdullah v. Obama. Before Circuit Judge Karen LeCraft Henderson, and Senior Circuit Judges Stephen F. Williams and A. Raymond Randolph, will be a debate over the district court’s rejection of the Yemeni detainee’s motion for a preliminary . . .
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Opinion in Al-Janko v. Gates

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Friday, January 17, 2014 at 10:46 AM

Just in case you want to read something not about reforms to NSA surveillance: here’s the opinion from the D.C. Circuit in Al-Janko v. Gates.  Today, a three-judge panel affirmed the district court’s rejection of the ex-detainee’s suit against government officials: KAREN LECRAFT HENDERSON, Circuit Judge: As part of its global war on terrorism, the United States detained Abdul . . .
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Abdullah Files His Reply-Brief Before the D.C. Circuit

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Monday, December 30, 2013 at 12:17 PM

As Raffaela previously noted, the case of Abdullah v. Obama is an exercise in “heel dragging and losing arguments.” A brief refresher on the case: the legal saga started when Guantanamo detainee Hani Saleh Rashid Abdullah filed a habeas petition. The petition went unanswered. Accordingly, Abdullah switched tactics and instead moved for a preliminary injunction against his . . .
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Al Laithi Reply Brief Before the D.C. Circuit: Defining the Scope of Employment

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Friday, December 27, 2013 at 7:54 AM

In response to the government’s brief, counsel for the Plaintiffs in Al Laithi v. Rumsfeld et. al.  filed a reply brief on Dec. 18th.  (The Plaintiffs—all former Guantanamo detainees—allege various abuses at the hands of U.S. government officials, and seek, among other things, civil damages from the officials in their individual capacities.) For the most part, the Plaintiffs chose . . .
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E.D.N.Y. Grants Motion to Dismiss in Main Street Legal Services, Inc. v. National Security Council

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Sunday, August 11, 2013 at 7:32 PM

Last Tuesday, Judge Vitaliano of the Eastern District of New York dismissed a FOIA suit seeking access to NSC records about the drone program. Ritika already noted the court’s order in the news roundup; this post provides an overview of the opinion itself. In November 2012, Main Street Legal Services, a City University of New . . .
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The Government Responds to Al Warafi’s Petition for En Banc Review

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Friday, August 9, 2013 at 5:17 PM

Earlier today, the government filed its response to Guantanamo detainee Mukhtar Yahia Naji al Warafi’s petition for rehearing en banc before the D.C. Circuit. A panel affirmed al Warafi’s detention in May. In his petition, Al Warafi argued that the D.C. Circuit panel’s May decision conflicts with an earlier Circuit panel’s opinion that “possession of an identity card and . . .
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Quick Reaction to CADC’s Analysis in Zivotofsky

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Wednesday, July 24, 2013 at 6:08 PM

As Raffaela noted this morning, on remand from the Supreme Court’s rejection of the political question doctrine in Zivotofsky v. Clinton, the D.C. Circuit today held that Section 214(d) of the 2003 Foreign Relations Authorization Act, which requires the Secretary of State to record “Israel” as the place of birth on a U.S. citizen’s passport, is an unconstitutional intrusion on . . .
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An Explainer on Hamdan II, Al-Bahlul, and the Jurisdiction of the Guantánamo Military Commissions

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Friday, April 26, 2013 at 10:30 AM

As Wells noted on Tuesday, the D.C. Circuit granted the government’s petition for rehearing en banc in Al-Bahlul v. United States. This is a very important development, as the full appeals court will now determine whether military commissions may try defendants for pre-2006 instances of “standalone” conspiracy and providing material support for terrorism. Al-Bahlul has . . .
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Bahlul Requests Clarification of D.C. Circuit’s En Banc Order

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Wednesday, April 24, 2013 at 4:02 PM

As Wells and Ben wrote yesterday, the D.C. Circuit granted the government’s petition for rehearing en banc in U.S. v. Bahlul.   Today, the accused’s counsel asked the court to clarify instructions it issued in granting en banc review. The D.C. Circuit had asked the parties to brief two questions, in addition to those raised thus far: one, for purposes of considering . . .
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Breaking News: D.C. Circuit Grants En Banc Rehearing in Al-Bahlul

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Tuesday, April 23, 2013 at 11:54 AM

Whoa.  This is very big news—though what it means is far less clear. The D.C. Circuit has granted the government’s petition for rehearing en banc in the military commission case of U.S. v. Al-Bahlul.  It thus appears that a majority of the court’s seven active judges wish to explore the rulings of two three-judge panels, one in Al-Bahlul and . . .
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Briefing on Timeliness Ordered in Hentif v. Obama

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Thursday, February 28, 2013 at 4:00 PM

Remember the Guantanamo detention case of Hentif v. Obama?    In 2011, the government convinced the district court to reject Fadhel Hussein Saleh Hentif’s petition for a writ of habeas corpus.  In July of 2012, the district judge noted, on the case’s docket, his denial of the detainee’s motion to reconsider.  A redacted opinion explaining that . . .
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The Significance of DOJ’s Weak Response to Rogers’ Acknowledgment of CIA Drone Strikes

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Friday, February 15, 2013 at 10:09 AM

In an interview last weekend, Congressman Mike Rogers, the Chairman of the House Intelligence Committee, gave unambiguous acknowledgment of CIA involvement in drone strikes.  The ACLU attached the interview in a letter to the D.C. Circuit in connection with its FOIA request to CIA for documents about CIA involvement in targeted killing by drone strikes.  The Obama . . .
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Congressman Rogers on Congressional (and Personal) Oversight of the Obama Drone Program and USG Involvement in Al-Awlaki Strike; and the Implications for the ACLU FOIA Cases [UPDATED]

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Tuesday, February 12, 2013 at 9:46 AM

Congressman Mike Rogers, the Republican Chairmen of the House Intelligence Committee, revealed Sunday on Face the Nation much more than I had previously known about the nature and scope of congressional intelligence committee oversight of the drone program.  He also appears to have given the clearest official confirmation of U.S. involvement in the drone strike . . .
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More on Targeted Killing White Paper

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Wednesday, February 6, 2013 at 7:05 AM

I agree with Ben and Susan that there is little new of substance (but more detail) on imminence and other issues in the DOJ White Paper on targeted killing, and I said as much in my reaction to the White Paper in The New Republic.  But I disagree with their claim that the White Paper . . .
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No, General Martins Has Not “Gone Rogue”

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Sunday, January 27, 2013 at 8:56 AM

The New York Times has a news analysis piece by this morning the excellent Charlie Savage, which requires a moment’s reflection. Charlie is about as good a reporter as there is out there on Lawfare-related matters, and he has broken most of the stories related to the internal machinations within the executive branch over the future of . . .
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Military Commission Prosecutor’s Filings Regarding 9/11 Conspiracy Charges

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Saturday, January 26, 2013 at 8:39 AM

The Guantánamo military commissions yesterday released—after a security review—a pair of important filings by the Office of the Chief Prosecutor (OCP), regarding the ongoing controversy over the conspiracy charges against the five 9/11 defendants. (For background, see our prior coverage here, here, and here; and Chief Prosecutor Brig. Gen. Mark Martins’s podcast with Ben on the decision . . .
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