Brian Foster of Covington & Burling, who represents several Guantanamo detainees, writes in with the following comments on my defense of CIA lawyer Jonathan Fredman—and the case of his former client, Adnan Latif:
I’m interested in the basis and
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There has been some movement in the long-stalled Mingazov case—one of the Guantanamo habeas cases that’s still kicking around. Way back in December 2010, Larkin shared the government’s brief in its appeal of U.S. District Judge Henry H. Kennedy’s grant … Read more »
I have written extensively on the D.C. Circuit’s Latif decision (here and here and here and here and here)–all with the I-hope-candid awareness that I did not know what lay behind the extensive redactions that mar both the … Read more »
Sabin Willett, who represented the Guantanamo Uighurs in Parhat and Kiyemba, writes in with the following comments about Latif:
It is not hyperventilation to say, as so many have said, that Latif guts Boumediene, because — trust
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The more I study the D.C. Circuit decision in Latif, the more important I think it is, and the more regrettable I think it probably is. I’m going to spread this out over two posts. In this one, which … Read more »
The D.C. Circuit appears to have ruled in the case of Adnan Farhan Abd Al Latif (which Larkin previewed here, the briefs from which she posted here, the argument in which she and I covered here). Latif … Read more »
I promised last week to give some thoughts on Judge Henry Kennedy’s recent opinion in Hentif as soon as I had a chance to read it. I was busy running some events over the past few days and only just … Read more »
More than a month ago, U.S. District Judge Henry Kennedy denied the habeas petition of a Guantanamo detainee named Fadhel Hussein Saleh Hentif (ISN 259). The opinion was classified at the time, but has now been release in redacted form… Read more »
Yesterday’s government win before Judge Kennedy and the D.C. Circuit’s recent opinion in Al Alwi require an update to the habeas numbers, which are now as follows:
Uighur cases in which detention was deemed or conceded unlawful: 17
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U.S. District Judge Henry Kennedy has denied the habeas corpus petition of Guantanamo detainee Fadhel Hussein Saleh Hentif (ISN 259). There is no unclassified opinion yet. We will post it as soon as it becomes available.
Today the D.C. Circuit, in a per curiam decision accompanied by a concurrence from Judge Laurence Silberman, affirmed Judge Henry Kennedy’s denial of habeas to petitioner Yasein Khasem Mohammad Esmail (Case No. 10-5282).
We’ll post additional thoughts soon.
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 »
(By Benjamin Wittes and Larkin Reynolds)
This summary is going to be short–short and obscure.
The reason is that Judge Karen LeCraft Henderson opened today’s arguments by announcing that almost none of the case could be discussed in open session … Read more »
Tomorrow morning, the D.C. Circuit Court of Appeals will hear arguments in Abdah v. Barack Obama (Al Latif) (No. 10-5319). The argument is slated to proceed before Judges Karen LeCraft Henderson, David Tatel, and Janice Rogers Brown—first in open session, … Read more »
Rising before the D.C. Circuit this morning on behalf of Yasein Khasem Mohammad Esmail, Danielle Barbour faces some non-trivial problems. She has bad facts, a hostile panel, a relatively solid-seeming lower-court opinion to attack, a client who–the lower court … Read more »
Another day, another D.C. Circuit argument preview coming a Yemeni detainee at Guantanamo Bay.
This time, it’s Yasein Khasem Mohammad Esmail, whose detention Judge Henry Kennedy approved last April. Esmail has a got a tough road ahead of him at … 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 »
Today the final public merits brief became available in the D.C. Circuit case of Abdah v. Obama (No. 10-5319). The petitioner in this case is Adnan Farhan Abd Al Latif, who won his case before Judge Henry Kennedy in July … Read more »
We have new briefs in two Guantanamo habeas appeals–Al Madhwani v. Obama and Al Abdah v. Obama (Al Latif).
The first is the government’s response brief in Al Madhwani, a case in which Musa’ab Omar Al-Madhwani appeals … Read more »
Today the D.C. Circuit released the public version of the appellant’s brief in another habeas merits appeal, Abdah v. Obama, No. 10-5319. In this case, the government appeals Judge Henry Kennedy’s July 2010 opinion granting a writ of habeas … Read more »
Last week (and our apologies for the belated update), the D.C. Circuit released the public version of the appellant’s brief in another habeas merits appeal, Al Harbi v. Obama. In this case, the government appeals Judge Henry Kennedy’s May … Read more »
Rounding out the public merits briefs in Uthman v. Obama, yesterday the government’s public reply brief became available. Below we link to that brief, the other two public merits briefs, and Judge Henry Kennedy’s district court opinion. Oral argument … Read more »
Today in Esmail v. Obama, a habeas merits appeal before the D.C. Circuit, the petitioner’s public brief became available. The petitioner, Yasein Khasem Mohammad Esmail, appeals from Judge Henry Kennedy’s April 2010 decision denying his petition and June 2010 … Read more »
Dafna Linzer has an amazing story about Uthman Abdul Rahim Mohammed Uthman, an alleged al Qaeda member detained since 2001. Judge Kennedy granted Uthman’s habeas petition in this opinion, filed in April of this year. But Linzer reports that … Read more »
Judge Reggie Walton’s redacted opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani has been declassified. I will have comments once I’ve read and digested it. The conclusion reads:
As counsel for the petitioner candidly acknowledged at the
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