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Tag Archives: Karen LeCraft Henderson

D.C. Circuit on Obaydullah: New Evidence Unhelpful to Detainee’s Case

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Friday, January 24, 2014 at 4:15 PM

The D.C. Circuit, in an exceedingly brief and quickly-issued per curiam judgment, has affirmed the district court’s denial of Obaydullah’s motion regarding newly-discovered evidence related to his habeas petition. Yours truly covered the oral arguments that took place in this Guantanamo habeas case only last week at the D.C. Circuit.  That was fast. Background: prior to the D.C. Circuit’s 2012 . . .
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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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Oral Argument Recap: Obaydullah v. Obama, Round Two

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Wednesday, January 15, 2014 at 7:53 AM

Your Lawfare team is ready with pen and paper, and bated breath, to hear oral arguments in the habeas-related appeal of Afghan detainee Obaydullah before the three-judge panel of D.C. Circuit Court of Appeals Chief Judge Merrick Garland and Judges Karen LeCraft Henderson, and David Tatel. We’ve been here before, and were promptly kicked out, so we’re relieved . . .
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D.C. Circuit Dismisses Bagram Habeas Petitions

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Tuesday, December 24, 2013 at 12:00 PM

This Christmas Eve opinion, authored by Circuit Judge Karen LeCraft Henderson for a three-judge panel composed of Judge Thomas B. Griffith and Senior Circuit Judge Stephen F. Williams, affirms the district court’s conclusion that it lacks jurisdiction to hear habeas petitions brought by detainees held at Bagram Air Force Base’s Parwan Detention Facility. We covered . . .
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Oral Argument Preview: Al-Bahlul v. United States

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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, . . .
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The Government’s Opening Brief in the Counsel Access Case

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

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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 . . .
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DOJ Seeks Rehearing En Banc in Bahlul to Overturn Hamdan II

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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 . . .
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Briefing on Timeliness Ordered in Hentif v. Obama

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Thursday, February 28, 2013 at 4:00 PM

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 the case’s docket, his denial of the detainee’s motion to reconsider.  A redacted opinion explaining that . . .
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Mingazov Remanded to District Court

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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 . . .
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Bahlul D.C. Circuit Argument Postponed; Is Hamdan Nigh?

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Wednesday, August 22, 2012 at 11:41 AM

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, Rogers, and Tatel on Monday, September 10), and ordering “that oral argument be postponed until further order of the . . .
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D.C. Circuit Rules in Obaydullah

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Saturday, August 11, 2012 at 7:46 AM

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 court lacks jurisdiction over the case because of untimely filings. For those who need a refresher, here is . . .
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Bahlul Files Reply Brief

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Thursday, June 28, 2012 at 9:49 AM

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 be heard initially en banc, but that motion was denied. The government filed its respondent . . .
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Thoughts on Latif #6–The Decision (Partially) Unmasked

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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 . . .
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Oral Argument Preview: Obaydullah v. Obama

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Monday, April 23, 2012 at 9:20 PM

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 these cases were proceeding in a flood; that flood has been reduced to a trickle, as members of . . .
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Thoughts on Latif #4–A Fuller Analysis

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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 . . .
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Briefs and Oral argument in the Moe Davis/CRS Lawsuit

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Friday, November 11, 2011 at 12:34 PM

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 prosecutor in the military commissions system, had been employed by CRS as assistant director of . . .
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Thoughts on Latif #1

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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 . . .
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D.C. Circuit Ruling in Latif

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Friday, October 14, 2011 at 10:25 AM

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 was granted the writ by Judge Henry Kennedy back in July of last year. I don’t have a . . .
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Two New Opinions From The D.C. Circuit Court Today

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Tuesday, June 21, 2011 at 11:32 AM

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 by Chief Justice Sentelle; Senior Circuit Judge Edwards dissented. The opinion opens: Four Afghan and five . . .
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