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Tag Archives: Guantanamo

Justice Stevens on Guantánamo

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Tuesday, May 5, 2015 at 2:50 PM

I’ve long been a huge fan of (Retired) Supreme Court Justice John Paul Stevens, not least because his prized possessions include a scorecard from Game 3 of the 1932 World Series–better known to baseball history as the “called shot” game–which he attended, in person, at the age of 12(!). It should therefore come as little . . .
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Referred for Prosecution But Never Tried: The (Latest) Guantánamo Math Problem

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Thursday, April 23, 2015 at 11:47 AM

Everyone should read Bobby’s post from last night on the potential approach of an endgame for the 122 detainees still in custody at Guantánamo. As Bobby points out, even if the government (miraculously) is able to transfer the 57 detainees cleared for transfer, that still leaves two categories of detainees in need of a solution: those the government . . .
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Is the GTMO Endgame Approaching?

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Wednesday, April 22, 2015 at 8:21 PM

The Washington Post has the latest here. Key points: 1. Lightning Round for Transfers Anticipating NDAA language leveraging the power of the purse to further constrain the ability of the government to transfer GTMO detainees to third countries, “the Pentagon is racing” to complete the transfer 57 detainees who already have been approved for that . . .
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The Meaningful Legal Differences Between Stateside and Guantánamo Detention

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Thursday, February 5, 2015 at 3:30 PM

Gabor’s post from this morning, which is styled as a response to Ben’s thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only meaningful way to “close” Guantánamo is for President Obama “to either release all detainees or try them in our time-tested federal courts,” at least largely . . .
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KSM: The Face for Hair Removal Product

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Wednesday, November 5, 2014 at 11:17 AM

It’s Ben’s birthday, and a very kind person sent over this excellent story in Slate as a present. It begins:   Turkish hair removal product ad featuring Khalid Sheikh Mohammed pic.twitter.com/KImYWPjaop — yusuf sayman (@ysfsymn) October 31, 2014 A Turkish cosmetics company committed—in nonadvertising speak—a bit of a marketing no-no when it used a picture of . . .
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Signing Statements, the Commander in Chief Power, and Guantanamo Closure

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Friday, October 10, 2014 at 4:00 PM

According to the Wall Street Journal,  the President’s people are “drafting options” to bring about Guantanamo’s closure, an objective that would require the White House to get around a statutory restriction on transferring GTMO detainees to the United States.  Or not: Vice’s Jason Leopold reports that NSC Spokeswoman Caitlin Hayden today said the Administration does not know what “‘new press . . .
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Petitioner Files Reply in Bahlul v. United States

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Tuesday, October 7, 2014 at 4:00 PM

Petitioner Ali al-Bahlul filed his reply brief yesterday in Bahlul v. United States, the D.C. Circuit case that will decide whether a military commission may render a stand-alone conspiracy conviction. In the new filing, petitioner makes a point of rejecting the government’s claim for plain error review before elaborating on the four arguments put forth in his opening brief. The argument . . .
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Judge Kessler Orders Release of Guantanamo Force-Feeding Videos

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Friday, October 3, 2014 at 7:30 PM

An important development today in Dhiab v. Obama: over the government’s objections, D.C. District Court Judge Gladys Kessler has ordered the unsealing of secret videos that show Guantanamo Bay prisoner Abu Wa’el Dhiab being forcibly extracted from his cell and force-fed. Back in June, a number of media outlets, including the New York Times and the Associated Press, sought . . .
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This is Seriously Weird

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Saturday, July 19, 2014 at 7:10 PM

Russia slaps a travel ban on Rep. Jim Moran, Judge Gladys Kessler, and a bunch of people connected to Guantanamo and Abu Ghraib. That’ll show ‘em. From the Associated Press: MOSCOW (AP) — Russia has placed a U.S. lawmaker and 12 other people connected with the Guantanamo Bay detention camp and the Abu Ghraib prison in Iraq . . .
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Why the Hostility to Civilian Justice Anyway?

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Wednesday, June 18, 2014 at 9:19 AM

I agree with Jack that military detention or trial by military commission are likely not available options for Ahmed Abu Khattala. But I’m hung up on a different point: Why are so many conservatives so married to the idea that detention or military justice is the right answer here? Every time we capture a terrorist suspect now, . . .
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Statement of the Chief Prosecutor on Last Week’s Hearing in Al-Nashiri

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Monday, April 28, 2014 at 9:00 AM

Here it is.  The remarks of Brig. Gen. Mark Martins, the Chief Prosecutor at the military commissions, open thusly: In my remarks two weeks ago, I highlighted one woman’s bewilderment at how the open military commission trial encompassing the attack that killed her brother was being portrayed by certain private advocacy groups and members of the . . .
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More on the Afghan Drawdown’s Destabilizing Impact on Detention Law

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Monday, April 28, 2014 at 7:59 AM

Excellent recent posts by Ben and Marty draw attention to the impact that the drawdown in Afghanistan likely will have on GTMO habeas litigation. I agree; we will certainly see a fresh wave of litigation.  And as part of that wave, we will see the argument that the law of armed conflict no longer applies . . .
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D.C. Circuit Affirms Denial of Preliminary Injunction in Abdullah v. Obama

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Friday, April 4, 2014 at 12:52 PM

The D.C. Circuit has just handed down a 12-page decision in Abdullah v. Obama, affirming the district court’s denial of Abdullah’s motion to enjoin the U.S. government from detaining him. Hani Saleh Rashid Abdullah, a Yemeni national, claimed his detention at Guantanamo violates a 1946 executive agreement between the U.S. and Yemen. He filed for habeas in 2005, and . . .
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Statement of Chief Prosecutor on Pre-Trial Motions in Al-Nashiri Case

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Wednesday, February 26, 2014 at 4:04 PM

The chief prosecutor in United States v. Al-Nashiri, Brig. Gen. Mark Martins, spoke at Guantanamo Bay today on the many pre-trial motions in the case. The introduction is below and you can view the full statement after the break. CHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY 26 FEBRUARY 2014 Twenty-one years ago today, at this hour, . . .
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No Hearings Next Week in the 9/11 Case

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Thursday, February 6, 2014 at 11:27 AM

That’s the word from Guantanamo.  We hope to have an updated schedule for the case soon; it looks like the next pre-trial session will be convened in April.

Next Week in the 9/11 Case

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Wednesday, February 5, 2014 at 11:51 AM

Ordinarily, on a day like today, yours truly would remind the Interwebs’ military commission-watchers of a pretrial hearing, next week, in the 9/11 case.  Usually I would make a plug for Lawfare’s coverage.  I might also preview the legal issues to be addressed at length, or do so only in scant fashion, with only reference to . . .
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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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Government Opposes Disclosure of Force-Feeding Protocols; Detainees Respond

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Tuesday, January 7, 2014 at 1:44 PM

Two more developments in Aamer v. Obama, the force-feeding case on appeal before the D.C. Circuit. On December 30, the government filed its opposition to the detainees’ motion for an order directing the government to disclose and file complete copies of its revised force-feeding protocols.  The detainees filed their reply yesterday. In its filing, the . . .
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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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President Obama Signs 2014 NDAA, Releases Statement on GTMO Provisions

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Thursday, December 26, 2013 at 5:18 PM

The president’s statement today upon signing the 2014 National Defense Authorization Act focuses almost exclusively on the provisions related to the detention facility at Guantanamo Bay. He acknowledges the more flexible transfer provisions, but concludes that they may violate separation of powers principles. Here’s the full text of the statement: Statement by the President on . . .
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