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Tag Archives: Richard Leon

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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Today in the D.C. Circuit: Obaydullah v. Obama, Round Two

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Monday, January 13, 2014 at 11:27 PM

First up for the three-judge panel of D.C. Circuit Judges Merrick Garland, Karen LeCraft Henderson, and David Tatel this morning is its second oral argument related to the detention of Afghan detainee Obaydullah. Given that the last oral argument in this case was conducted in a classified setting, it shouldn’t be too much of a surprise if the . . .
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Quick Thoughts on Judge Pauley’s Opinion

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Saturday, December 28, 2013 at 8:41 AM

Having now read Judge William Pauley’s opinion in ACLU v. Clapper, I am largely, though not completely, in agreement with Peter Margulies’s assessment of the matter. The opinion is a useful corrective to the over-the-top public reaction to Judge Richard Leon’s earlier opinion in Klayman and will serve to recalibrate the discussion of that opinion, at . . .
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Judge Pauley’s Opinion in Clapper: Reset Button for Bulk Collection Debate?

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Saturday, December 28, 2013 at 8:00 AM

Friday’s ruling by S.D.N.Y. judge William H. Pauley in Clapper is a welcome corrective to the anti-metadata clamor triggered by Judge Leon’s Klayman opinion and the President’s Review Group Report.  While no district court opinion represents the last word, the opinion by Judge Pauley deflates the overblown arguments made by metadata critics on the program’s . . .
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Three Unrelated Tidbits on the NSA and Klayman v. Obama

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Wednesday, December 18, 2013 at 12:46 PM

Obviously, there’s a lot to say about Monday’s decision by Judge Leon granting a preliminary injunction against the NSA’s telephone metadata program and then staying that decision pending appeal. Much of it’s already been said here, so I just wanted to flag three quick points of potential interest not already covered via Lawfare: Over at Just Security, . . .
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A Foolish Consistency is the Hobgoblin of Little Minds — The Metadata Stay

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Wednesday, December 18, 2013 at 10:30 AM

Ralph Waldo Emerson once wrote:  “A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines.”  His point was that only small-minded men refused to rethink their prior beliefs.  Or, put another way, he thought that today’s intuition could trump yesterday’s conclusions. Clearly Judge Richard Leon, author of the . . .
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Don’t Miss the Footnotes: Judge Leon’s Opinion in Klayman (Section 215 Collection)

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Tuesday, December 17, 2013 at 1:22 AM

Analyses of District Court Judge Richard Leon’s opinion requiring the government to cease telephone metadata collection under Section 215 of the USA Patriot Act against two plaintiffs are proliferating: here are Orin, Paul and Ben, already. The two plaintiffs in Klayman v. Obama are Larry Klayman of Freedom Watch and Michael Strange, whose son was a cryptologist with . . .
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Thoughts on Judge Leon’s Section 215 Opinion

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Tuesday, December 17, 2013 at 12:06 AM

I have now read through Judge Richard Leon’s opinion enjoining bulk metadata collection under Section 215 of the Patriot Act. It’s an odd document. For one thing, it’s focused on a constitutional matter on which the 215 program is—at least under current doctrine—on pretty solid ground. And it ignores, because of the judge’s Administrative Procedures . . .
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The Lynchpin of the Meta-Data Opinion

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Monday, December 16, 2013 at 3:23 PM

Ben has already linked to Judge Leon’s remarkable opinion today, holding that the NSA metadata collection program is unconstitutional.  The critical passages from the opinion begin on page 43, when Judge Leon turns to consideration of the Fourth Amendment issues.  A quick read suggests three critical analytic steps (which I confess to finding rather unpersuasive): . . .
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Razak Ali v. Obama: A Case of Mistaken Identity, or “Guilty By Guesthouse”?

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Tuesday, July 23, 2013 at 6:30 PM

On March 8, 2011, Saeed Bakhouch, an Algerian GTMO detainee also known as Razak Ali, noted an appeal of the District Court’s January 2011 denial of his petition for a writ of habeas corpus.  Oral argument on the merits is scheduled for September 27, 2013 before D.C. Circuit Judges Brett Kavanaugh, Harry Edwards and Stephen Williams. Read Bakhouch’s . . .
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Brief for the United States in Al-Janko

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Monday, March 4, 2013 at 10:19 AM

The United States has filed its appellate brief in the case of Al-Janko v. Gates et al., a damages action brought by a former Guantanamo detainee against former government officers in their individual capacities.  (You can find more background here.)  The district court, in the person of Judge Richard Leon, had granted Al-Janko’s petition for a . . .
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Obaydullah Takes His Case to the D.C. Circuit

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Thursday, February 28, 2013 at 4:17 PM

In other habeas news, detainee Obaydullah has noted his appeal to the D.C. Circuit.  Obaydullah had filed a motion for relief from judgment.  In it, he cited newly discovered evidence that—in his view—established his innocence.  But, as Alan explained in his excellent writeup, the district court wasn’t buying the petitioner’s claims: Judge Richard Leon denied . . .
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New D.C. District Court Orders in Obaydullah and Alhag Guantánamo Habeas Cases

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Friday, February 1, 2013 at 7:43 PM

The D.C. district court issued two Guantánamo-related orders on Wednesday. The first involved something of a triple habeas Hail Mary: Judge Richard Leon denied Obaydullah’s (no last name) motion for relief from (1) the court’s March 2012 denial of the petitioner’s classified (and thus unavailable) motion for reconsideration of (2) the court’s October 2010 denial . . .
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Dwight Sullivan on Dan Mori’s Win in District Court

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Sunday, January 20, 2013 at 8:35 AM

A very interesting post from Dwight Sullivan over at the CAAFlog about a litigation of which I was previously unaware:  . . . McClatchy’s Michael Doyle brings us word that today, Judge Leon of the United States District Court for the District of Colubmia ruled for LtCol [Michael] Mori in his quest to win a new promotion board.  That . . .
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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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Al Alwi: Cert Petition and Government Response Brief

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Thursday, March 22, 2012 at 2:55 PM

The government filed its opposition to cert in the case of Moath Hamza Ahmed Al Alwi–a Guantanamo habeas petitioner. Al Alwi filed a petition for a writ of certiorari back in December, though we missed it at the time. He sought to appeal the Circuit Court’s affirmance of the D.C. District Court’s denial of habeas corpus, and . . .
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This Will Quench Your Thirst for Obaydullah

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Friday, March 9, 2012 at 5:25 PM

Last month, Charlie Savage of the New York Times ran this story about an Afghan detainee at Guantanamo Bay by the name of Obaydullah–whose lawyers have made up this handy fact sheet. As Ben earlier wrote, Obaydullah lost his habeas case at the district court level in October 2010, but Savage reported that there have been new . . .
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Civil Suit By Ex-Gitmo Detainee Dismissed

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Saturday, December 24, 2011 at 5:58 PM

On Thursday, Judge Richard Leon of the U.S. District Court in D.C. issued a little-noticed decision granting dismissal in Al Janko v. Gates. The case is noteworthy, however, because Al Janko–unlike other former detainees who have filed civil suits–“is the first detainee who was released pursuant to a successful habeas petition to seek damages for acts . . .
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D.C. Circuit’s Al Warafi Decision

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Tuesday, February 22, 2011 at 11:50 AM

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 merits case that raised, for the first time, questions about the scope of the government’s detention authority . . .
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