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Tag Archives: Merrick Garland

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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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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CIA Files Reply Memo in Drone FOIA Case

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Saturday, November 2, 2013 at 9:07 PM

The CIA’s efforts to deny the ACLU’s FOIA requests for records about the Agency’s involvement in drone-based targeted killings continue apace in the U.S. District Court for the District of Columbia. The Agency filed a reply memorandum in favor of summary judgment  on the matter in D.D.C. on November 1. Lawfare readers may recall the March . . .
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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 ACLU’s Limited Victory in the D.C. Circuit FOIA Case

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Friday, March 15, 2013 at 3:11 PM

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 strikes.  The CIA’s justification for this Glomar response was that “[a]n official CIA acknowledgment that confirms or denies the . . .
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D.C. Circuit Rejects Glomar Response in ACLU/CIA Drone FOIA Suit

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Friday, March 15, 2013 at 10:21 AM

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 Wells recapped the oral argument back in September.) As Chief Judge Garland wrote for the court, Given [the various] . . .
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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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D.C. Circuit Opinion in Khairkhwa Comes Down

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Friday, December 14, 2012 at 11:56 AM

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 affirms the detention of a detainee found by the district court to be a senior Taliban . . .
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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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No Remand in ACLU FOIA Appeal

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Tuesday, July 3, 2012 at 9:37 AM

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 September 20, as scheduled.  The reasons behind the decision are opaque; the court’s one-page order denied the CIA’s motion without explanation.  . . .
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En Banc Fourth Circuit Dismisses Contractors’ Appeals in Abu Ghraib Torture Suit

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Friday, May 11, 2012 at 1:20 PM

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 other prisoner abuse at Abu Ghraib and elsewhere. This morning, the en banc Fourth Circuit dismissed appeals of . . .
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No Thoughts on Alsabri–Which is a Thought of Its Own

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Thursday, May 3, 2012 at 6:22 PM

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 detention that, having now done so, I have almost nothing to say about the case. The opinion . . .
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Alsabri Opinion Available

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Thursday, May 3, 2012 at 11:50 AM

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 redacted, but the public version of the opinion shows no sign of that. D.C. Circuit . . .
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District Court Judgment in Alsabri Affirmed

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Friday, April 27, 2012 at 10:22 AM

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 available here, but the opinion itself remains classified. Read the briefs in this case here and here, and check out Douglas Cox’s . . .
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Obaydullah Oral Argument Summary

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Tuesday, April 24, 2012 at 12:54 PM

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 closing the court, though Judge Merrick Garland reminds him that the court had agreed to . . .
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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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One Note on Suleiman

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Wednesday, February 8, 2012 at 7:50 AM

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 for its routine tone in affirming a detention. Cases that were once ground-breaking–raising novel and difficult . . .
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Minneci v. Pollard and Contractor Liability

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Thursday, January 26, 2012 at 6:38 PM

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 issue on the merits is whether victims of torture at Abu Ghraib can attempt to use . . .
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No Preliminary Injunction for Al Hawsawi

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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 . . .
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Immunity vs. Preemption in the Fourth Circuit Torture Cases–And Why That Distinction Matters

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Tuesday, December 20, 2011 at 12:16 PM

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. and Al-Quraishi v. L-3 Servs., Inc., the Fourth Circuit’s analysis turned on the conclusion that the . . .
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