Skip to content

Tag Archives: Janice Rogers Brown

Oral Argument Summary: Al Laithi v Rumsfeld

By and
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 . . .
Read more »

Oral Argument Preview: Al-Bahlul v. United States

By
Sunday, September 29, 2013 at 1:19 PM

Monday morning, an en banc panel of the D.C. Circuit will hear oral arguments in the case Ali Hamza Ahmad Suliman al Bahlul v. United States. Lawfare has covered  extensively the ins and outs of this important case, in which a Guantanamo detainee appeals his 2009 conviction by military commission for providing material support to Al Qaeda, conspiracy, . . .
Read more »

The Government’s Opening Brief in the Counsel Access Case

By
Saturday, September 21, 2013 at 2:00 PM

The government has filed its opening, appellant brief in Hatim v. Obama, the “counsel access case” before the D.C. Circuit. Before describing the brief, a bit of background is in order: this past summer, Senior District Court Judge Royce Lamberth partially invalidated recently-instituted search protocols for detainees held at Guantanamo Bay. These procedures were mandatory prior . . .
Read more »

Breaking News: D.C. Circuit Grants En Banc Rehearing in Al-Bahlul

By and
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 . . .
Read more »

Brian Foster on Fredman and Latif

By
Wednesday, April 3, 2013 at 8:07 AM

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 implications of your defense of Jonathan Fredman.  As I understand your post, you believe Fredman has been . . .
Read more »

DOJ Seeks Rehearing En Banc in Bahlul to Overturn Hamdan II

By
Tuesday, March 5, 2013 at 6:34 PM

Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal–and the rather significant internal debate within the Administration about whether to accept the D.C. Circuit’s ruling in Hamdan II, or to seek to overturn it either by pursuing rehearing en banc in Bahlul (which is arguably a better . . .
Read more »

D.C. Circuit Releases Unredacted Ameziane Opinion

By
Monday, October 8, 2012 at 7:20 AM

This slipped by me on Friday, when I was in Cambridge plotting the next phase of Lawfare‘s expansion. The D.C. Circuit has issued an unredacted opinion in this case, Ameziane v. Obama, which actually came down in January 2010. Ameziane is not a habeas merits case; it deals, rather, with the protection of information about the . . .
Read more »

Warafi Oral Argument Summary

By
Friday, September 21, 2012 at 2:50 PM

I had to restrain myself this morning at the D.C. Circuit from interrupting proceedings with an emergency request for an on-the-spot ruling in Wittes v. FAA—a case which has admittedly does not exist—that the agency’s action with respect to the Lawfare Drone Smackdown is arbitrary and capricious. Restrain myself I did, for the issue of . . .
Read more »

Mingazov Remanded to District Court

By
Thursday, August 23, 2012 at 2:32 PM

Last week, D.C. Circuit Court of Appeals Judges Henderson and Brown handed down a per curiam order in response to the government’s motion to remand Ravil Mingazov’s case to the District Court for consideration of his motion there under Rule 60(b), which governs situations in which new evidence has surfaced that may require reopening the . . .
Read more »

My Last Word (for Now) on the D.C. Circuit and Boumediene

By
Tuesday, June 12, 2012 at 5:33 PM

At the risk of boring readers who have long-since grown tired of this exchange, let me just offer three quick responses to Bobby’s thoughtful intervention in the back-and-forth between Ben and me on whether the D.C. Circuit really did actively subvert Hamdi and Boumediene:

D.C. Circuit Affirms in EPIC v. NSA

By
Friday, May 11, 2012 at 2:31 PM

A three-judge panel of the D.C. Circuit Court of Appeals has affirmed a District Court judgment in favor of the National Security Agency in a case brought by the Electronic Privacy Information Center under the Freedom of Information Act. The FOIA request, readers may recall, sought communications between the NSA and Google related to a cyber . . .
Read more »

Thoughts on Latif #6–The Decision (Partially) Unmasked

By
Sunday, April 29, 2012 at 1:09 PM

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 opinion itself and Judge David Tatel’s dissent. The less-redacted version of the decision that came out Friday partially . . .
Read more »

Oral Argument Yesterday in Doe v. Rumsfeld [Updated]

By and
Tuesday, March 20, 2012 at 12:05 AM

The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation abuses by the U.S. government. The case is similar to Lebron v. Rumsfeld and Vance v. Rumsfeld, two recent Bivens cases brought by U.S.-citizen plaintiffs. In Lebron, . . .
Read more »

No Preliminary Injunction for Al Hawsawi

By
Saturday, January 21, 2012 at 7:04 AM

The D.C. Circuit has batted back Mustafa Ahmed Al Hawsawi’s request for a preliminary injunction to stop the new mail search policy at Guantanamo Bay. A per curiam order by a panel consisting of Judges Merrick Garland, Janice Rogers Brown, and Judith Rogers says that: Petitioner has not satisfied the stringent requirements for an injunction pending court . . .
Read more »

“Take No Prisoners”: Guantanamo Turns 10

By
Wednesday, January 11, 2012 at 2:39 PM

If Ben needs something to tear into, there’s also this–my guest post over at the ACSblog, which uses Judge Brown’s disturbing rhetoric in Latif as a foil through which to evaluate this “anniversary.” Reasonable people (including us) will disagree about the merits of detainee policy going forward, but the paragraph on which the post focuses seems . . .
Read more »

The NDAA: The Good, the Bad, and the Laws of War–Part II

By
Saturday, December 31, 2011 at 4:48 PM

By Marty Lederman and Steve Vladeck* [Cross-posted at OpinioJuris] Section 1021 of the NDAA and the Laws of War In our companion post, we explained that section 1021 of the NDAA will not have the dramatic effects that many critics have predicted–in particular, that it will not affect the unresolved question of whether the 2001 Authorization . . .
Read more »

The NDAA: The Good, the Bad, and the Laws of War–Part I

By
Saturday, December 31, 2011 at 4:43 PM

By Marty Lederman and Steve Vladeck* [Cross-posted at OpinioJuris] Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in the National Defense Authorization Act, which the President has just signed into law.  One of the major disputes concerns whether and howi the NDAA . . .
Read more »

Thoughts on Latif #5–Of En Bancs and Cert Grants

By
Sunday, November 13, 2011 at 12:19 PM

The D.C. Circuit strongly disfavors en banc review. For longstanding cultural reasons, the court avoids en bancs whenever possible. This is generally a good thing. En bancs can be ugly; they stress a court’s collegiality. The Latif case, however, should probably overcome the court’s allergy to en bancs. I don’t know whether Latif’s lawyers will ask . . .
Read more »

Thoughts on Latif #4–A Fuller Analysis

By
Saturday, November 12, 2011 at 9:06 PM

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 is going to be very long, I’m going to describe in some depth the arguments in . . .
Read more »

Thoughts on Latif #1

By
Wednesday, November 9, 2011 at 11:24 PM

I have now read the entirety of Latif, and I am–quite honestly–not entirely sure what to make of it. For one thing, the redactions are extensive, far more so than in the normal D.C. Circuit habeas case. They involve matters central to the disposition of the case, and they thus make much of the dispute . . .
Read more »