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Tag Archives: Guantanamo

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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This Year’s NDAA: A Big Win for the Administration on Guantanamo

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Tuesday, December 10, 2013 at 10:26 PM

I have only had a chance to look briefly at the Guantanamo-related provisions of the House-Senate compromise NDAA, but the text looks to me like a big win for the Obama administration—and for common sense. The administration will cast this as a step forward for closing Guantanamo. I don’t care a fig about whether Guantanamo . . .
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Overview of Restrictions on Counsel in the Tsarnaev and 9/11 Cases

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Monday, December 2, 2013 at 3:00 PM

From the defense’s standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions? Accused Boston Marathon bomber Dzhokhar Tsarnaev is currently challenging Special Administrative Measures (SAMs) imposed on him and his attorneys; Judge George O’Toole of the United States District Court for the District of Massachusetts heard argument on . . .
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Government Files Brief in D.C. Circuit Gitmo Detainee Civil Case

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Monday, November 18, 2013 at 10:35 AM

The government has filed its brief in Al Laithi v. Rumsfeld and Celikgogus v. Rumsfeld, a case involving the consolidated claims of former Guantanamo detainees against former government officials in their individual capacities. The detainees seek civil damages, alleging that their detentions had violated international law, the Constitution, and the Religious Freedom Restoration Act. Holding that these types of . . .
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Petitioners’ Reply Brief Filed in Force Feeding Dispute

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Friday, July 5, 2013 at 1:19 PM

We blogged earlier in the week about a motion brought by four detainees at Guantanamo—-Ahmed Belbacha, Nabil Hadjarab, Abu Wa’el (Jihad) Dhiab, and Shaker Aamer.  The quartet seeks a preliminary injunction against force feeding, and yesterday filed a reply brief. From that brief: The detention facility at Guantánamo Bay has become a festering wound of . . .
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USG Opposition to Detainees’ Motion for Preliminary Injunction to Stop GTMO Force-Feeding

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Wednesday, July 3, 2013 at 8:50 PM

Earlier this week Ben posted on a motion, brought by a group of Guantanamo detainees and asking the District Court to preliminarily enjoin force-feeding at the detention facility.  The court ordered the United States to respond almost immediately, and earlier today, it timely filed its opposition brief.  The opposition also cites a redacted declaration by . . .
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Guantanamo: “a facility that should never have been opened”?

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Sunday, June 23, 2013 at 2:29 PM

In his NDU speech, President Obama asserted that “there is no justification beyond politics for Congress to prevent us from closing a facility that should never have been opened.”  As has become fairly typical, he thus blamed the Guantanamo conundrum on the prior Administration (for opening Guantanamo in the first place) and on Congress (for . . .
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A Washington Lawyer Named State Department GTMO Envoy

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Sunday, June 16, 2013 at 7:01 PM

Ask and you shall receive… No sooner had I observed on Friday that the President had still not named the two senior envoys at the State and Defense Departments to help with Guantanamo transfers than the Huffington Post reports that on Monday Secretary Kerry will name Clifford Sloan, a partner at Skadden Arps in Washington . . .
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Where are the Guantanamo Envoys?

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Friday, June 14, 2013 at 11:13 AM

Three weeks ago yesterday, in his NDU speech, President Obama announced: I’m appointing a new senior envoy at the State Department and Defense Department whose sole responsibility will be to achieve the transfer of detainees to third countries. Obviously, the President was responding to the criticism that former Guantanamo envoy and unsung hero Dan Fried . . .
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Al-Nashiri Motions Hearing: June 12 Session

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Wednesday, June 12, 2013 at 8:32 AM

We are back at Fort Meade, ready to cover today’s almost live motions hearing in United States v. Al-Nashiri. The festivities will begin at 0900. Read our coverage of yesterday’s hearings here. We will update this post with links to our coverage; those individual posts will be published on our Event Coverage Page. June 12 Session . . .
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