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 … Read more »
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… Read more »
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 … Read more »
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 … Read more »
Ben beat me to it, but this morning, the D.C Circuit issued a terse order removing United States v. al Bahlul (the “other” military commission appeal) from its argument calendar (it was scheduled to be argued before Judges Henderson, … Read more »
Here’s the opinion–from a panel consisting of Judges Merrick Garland and Karen LeCraft Henderson and Chief Judge David Sentelle. The opinion denying Obaydullah’s Guantanamo habeas appeal is a per curiam, though Judge Sentelle dissents on grounds that the … Read more »
Ali Hamza Ahmad Suliman Al Bahlul has filed his reply brief in his appeal of his military commission conviction in the U.S. Court of Appeals for the District of Columbia Circuit. You’ll recall that Al Bahul requested his appeal to … 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 »
Tomorrow morning, the D.C. Circuit Court of Appeals will hear oral arguments in Obaydullah v. Obama, one of the few Guantanamo habeas cases that’s still moving in the lower courts. There was a time, not so long ago, when … Read more »
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 »
Earlier this year, Judge Walton denied a pair of motions to dismiss in the civil suit filed by Moe Davis against the Librarian of Congress and the Director of the Congressional Research Service (“CRS”). Davis, who previously served as chief … Read more »
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 … 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 »
The D.C. Circuit Court this morning handed down two opinions that may be of interest to Lawfare readers.
In Ali v. Rumsfeld, Judge Karen LeCraft Henderson delivered the opinion which affirmed the district court’s dismissal. Her opinion was joined … Read more »
One further thought about the D.C. Circuit’s Al Madhwani opinion–along the same lines as I mentioned earlier. There are at least two other places in this brief (12 page) opinion in which the panel opinion, written by Judge … Read more »
Judge Laurence Silberman’s concurring opinion today in Esmail makes three points, each of them warranting comment. I have enormous regard for Judge Silberman, and I critique his opinion with caution. But I confess myself a little perplexed by it. The … 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 »
(By Benjamin Wittes and Larkin Reynolds)
The D.C. Circuit has a remarkable collection of talent. I am constantly amazed at how well-versed its judges are in the record in the cases I watch and the wealth of material they draw … Read more »
Next Tuesday, November 9th, the Court of Appeals for the D.C. Circuit will hear oral argument in Hatim v. Obama, a habeas merits appeal brought by the government. The court announced today that argument will “proceed first in open … Read more »