Judge Garland’s persuasive opinion in the ACLU FOIA case is important but narrow, and its significance for intelligence community transparency is entirely unclear.
Recall that the CIA had refused to respond to the ACLU request for records pertaining to drone … Read more »
Pretty big decision by the D.C. Circuit this morning, reversing the district court’s dismissal of the ACLU’s drone-related FOIA suit against the CIA on the ground that the Agency’s “Glomar response” was not justified. (Jack previewed and … 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 »
The D.C. Circuit has handed down its latest Guantanamo habeas case, Khairkhwa v. Obama. The brief, unanimous opinion by Senior Judge A. Raymond Randolph for himself and Judges Judith Rogers and Merrick Garland contains no surprises. As expected, it … 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 »
A three-judge panel of the D.C. Circuit (Judges Tatel, Garland and Griffith) has rejected the CIA’s motion to remand in ACLU v. CIA, the FOIA action regarding the Obama Administration’s targeted killing program. The appeal thus will be argued on … Read more »
I’ve blogged before about al-Shimari v. CACI International, and the larger question of whether state law tort claims may be brought against government contractors arising out of their support of military operations overseas–including their alleged complicity in torture and … Read more »
Having disgraced myself by missing the argument in Alsabri, I figured I should at least read the opinion. It is a mark of how far the D.C. Circuit has come in establishing the contours of the law of … Read more »
Last week we mentioned that the D.C. Circuit Court had affirmed the District Court’s decision in Mashur Abdullah Muqbel Alsabri’s habeas corpus case. It looked as though the Court was holding off on publishing its opinion so it could be … Read more »
The D.C. Circuit Court has affirmed the judgment of the District Court in Alsabri v. Obama. The per curiam judgment in his case before Senior Circuit Judge Ginsburg and Circuit Judges Garland and Kavanagh has been filed and is … Read more »
This is going to be the shortest oral argument summary ever. In fact, I can do it in five sentences:
(1) Chief Judge David Sentelle opens the hearing by announcing that it can’t be held in open session so he’s … 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 »
Raffaela is correct that there’s nothing terribly surprising in the D.C. Circuit’s Suleiman opinion, which was publicly released yesterday. In fact, the brief opinion–written by Judge Thomas Griffith for himself and Judges Merrick Garland and David Tatel–is notable chiefly … Read more »
Tomorrow morning, the en banc Fourth Circuit will hear oral argument in the two Abu Ghraib/contractor preemption cases about which we’ve blogged previously. Although there’s a serious question as to the Court of Appeals’ jurisdiction, the heart of the … Read more »
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, … Read more »
We’ve previously covered the Fourth Circuit’s pair of decisions in September dismissing tort suits against various contractors arising out of claims of torture at various detention facilities in Iraq–including Abu Ghraib. In the cases, Al Shimari v. CACI Int’l, Inc.… Read more »
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 … Read more »
Friday afternoon’s oral argument in Suleiman saw pretty even questioning of counsel for both sides from an interested panel. Judges Merrick Garland, Thomas Griffith and David Tatel pressed Abdulrahman Abdou Abou Alghaith Suleiman’s lawyer on the petitioner’s apparent waiver of … Read more »
The next episode in the D.C. Circuit’s Guantanamo detention saga: Suleiman v. Obama (Case No. 10-5292), an appeal set for oral argument this Friday before the D.C. Circuit. UPDATE: the oral argument is set for 2 p.m.
The case likely … Read more »
I have only read the D.C. Circuit’s Khan opinion very quickly and may have further thoughts when I dive in a little deeper. On brief perusal, though, it seems to me that the chief importance of the decision–written by Judge … Read more »
I normally have a pretty good read on the D.C. Circuit in habeas cases. Not this time. Al Alwi, one of the decisions which Wells posted yesterday, took me rather by surprise.
To be true to what I … Read more »
Today, the D.C. Circuit handed down opinions in two detainee cases, Al-Alwi v. Obama and Gul v. Obama.
***
The first affirms the decision of the district court, which found Al-Alwi lawfully detained by a preponderance of the evidence. In … Read more »
In the wake of the Almerfedi decision, the question necessarily arises whether any detainee might plausibly expect to prevail in front of the D.C. Circuit. In the defense bar, disgusted, head-shaking despair is the order of the day. So I’m … Read more »
The public version of Shawali Khan’s reply brief in Khan v. Obama (No. 10-5306), a Guantanamo habeas case currently pending before the D.C. Circuit, is now available. In this case, petitioner Shawali Khan appeals Judge John Bates’s September 2010 decision… Read more »
The D.C. Circuit continued this morning its broad-based, cross-ideological conspiracy to mess up my schedule. I was returning this morning from a perfectly delightful trip to Saratoga Springs, NY to teach some classes and give a lecture at Skidmore College, … Read more »
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 »
Ever since the D.C. Circuit last week handed down its per curiam opinionlet in Al Warafi, I have been puzzling over this brief, unpublished order. I have begun to think it may be more important that I initially understood—and, … Read more »
In just over two weeks following oral argument, the D.C. Circuit today issued its opinion in Al Warafi v. Obama. The panel affirmed Judge Lamberth’s decision in part, but also remanded in part.
Al Warafi is the habeas … 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 »
The letter filed today with the D.C. Circuit by Al Warafi’s attorney, which Larkin noted earlier, appears to be a response to my earlier post on the argument. This is not explicit in Roger A. Ford’s letter, which … Read more »
Following yesterday’s oral argument in Al Warafi v. Obama, today petitioner’s counsel filed a letter with the D.C. Circuit to clarify the petitioner’s position on an issue that came up during questioning. The court had asked who bears the … Read more »
Lawfare readers, let my devotion to you never be questioned. To bring you this here summary of today’s oral argument in Mahktar Al-Warafi v. Barack Obama, I have had to engage in a mortification of the flesh. As the … Read more »
Tomorrow morning the D.C. Circuit will hear oral argument in Al Warafi v. Obama, a Guantánamo merits appeal that challenges Judge Lamberth’s March 2010 decision denying habeas relief to petitioner Mukhtar Yahia Naji Al Warafi. In addition to fairly … Read more »
A few of the habeas merits appeals before the D.C. Circuit were just scheduled for oral argument. Here are the dates and panel assignments:
Al Warafi v. Obama: Oral argument will be held February 7, 2010 before judges Ginsburg, … Read more »
I just returned from the D.C. Circuit’s Al Alwi oral argument–or, at least, the portion of it that the court conducted in open session. Here is a quick and dirty summary.
Al Alwi is not one of the important Guantanamo … Read more »
(with Benjamin Wittes)
On Thursday, D.C. Circuit Judges David Tatel, Merrick Garland, and Stephen Williams will hear oral arguments in Al Alwi v. Obama. The argument will proceed in open session, followed by a closed session if necessary. Ramzi … Read more »
…can be found here. Al Alwi, I should note, is not to be confused with Al Aulaqi. This is a minor Guantanamo case. Here is the petitioner’s merits brief. And here is the government’s brief. … Read more »
A few weeks ago, I posted a group of briefs in pending Guantanamo habeas appeals. At the time, only the petitioner’s brief in Al Alwi was available. The government’s brief is now available as well. Oral argument is scheduled for … Read more »
For about a year and a half after the Supreme Court’s 2008 ruling in Boumediene v. Bush, district judges were left to their own devices in grappling with the Guantanamo habeas litigation. Beginning in January this year, some of … Read more »
Friday, May 24, 2013
Coverage of President Obama’s speech yesterday is plentiful: Here are Peter Baker of the New York Times, Karen DeYoung and Greg Miller of the Washington Post, and Mark Mazzetti of the Times with an analysis of the key points of the speech. Scott Wilson of the Post also provides a rundown of the speech, and cites Ben. The Associated Press reports on lifting the transfer ban on Yemeni detainees, and Colleen McCain Nelson, Adam Entous, and Julia E. Barnes… Read more »
