Guantanamo detainees have filed their response brief in the D.C. Circuit appeal of Hatim v. Obama, the “counsel access” case. As in other ongoing litigation, the government had moved for extending the filing deadlines, but the government is back … Read more »
In describing Hatim v. Obama (the D.C. Circuit Guantánamo appeal in which the government filed its opening brief on Friday) as the “counsel access” case, Raff has hit the nail on the head. Although the appeal involves the district … Read more »
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 … Read more »
Two developments in Hatim et al. v. Obama et al., the D.C. Circuit case regarding JTF-GTMO’s detainee access procedures for defense counsel: one, the filing of additional briefing regarding the stay of a lower court order; and two, a … Read more »
We’ve written a fair amount already about Chief Judge Lamberth’s September 2012 decision regarding the Guantánamo detainees’ continuing right of access to counsel (not to mention his March 2013 decision criticizing the government for its foot-dragging in declassifying various filings … Read more »
Last Monday, I flagged Chief Judge Lamberth’s important new decision in a Guantánamo habeas case–Barre v. Obama–in which, among other things, he excoriated the government for how long it has taken them to release declassified (and therefore public) … Read more »
Even for those keeping up with the Guantánamo litigation, this decision by Chief Judge Lamberth, a declassified version of which was released on Friday, may have slipped under the radar. The specific issue in Barre v. Obama is yet another … Read more »
Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia has dismissed a civil suit by several former Guantanamo detainees arguing that they were subject to wrongful detention and harsh treatment at the base. His decision … Read more »
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 … Read more »
About six weeks ago, I flagged the (in my view, alarming) filing by the government of a notice of appeal to the D.C. Circuit in the Guantanamo MOU/continuing access-to-counsel litigation. Late last night, the government filed this unopposed motion … Read more »
Back in early November, Ben and I blogged about Fordham Professor Andrew Kent’s provocative new essay, “Do Boumediene Rights Expire?,” which he published in “PENNumbra,” the online companion to the University of Pennsylvania Law Review. … Read more »
Chief Judge Lamberth has granted the government’s motion to dismiss a first amended habeas petition filed by a Pakistani citizen held at Bagram, following the Circuit’s decision in al Maqaleh (and the subsequent decision on remand in that case by … Read more »
Readers probably won’t be surprised that, as Professor Andrew Kent noted at the end of his guest post, I’ve already drafted a longer response to Andrew’s important and provocative new essay, “Do Boumediene Rights Expire?” — which … Read more »
[Update (11:41 a.m. EDT)]: The always reliable Josh Gerstein already had a story up on this late last night over @ Politico, which reports that an “administration official” suggested that “Friday’s filings were made in order to keep open … Read more »
I had to restrain myself this morning at the D.C. Circuit from interrupting proceedings with an emergency request for an on-the-spot ruling in Wittes v. FAA—a case which has admittedly does not exist—that the agency’s action with respect to … Read more »
I have largely suspended my campaign of fact-checking New York Times editorials, but this one is too good to pass up. In his opinion the other day on counsel access issues at Guantanamo, Judge Royce Lamberth—as Wells noted—made … Read more »
The D.C. Circuit will hear its second round of arguments in the case of Mukhtar Yahia Naji Al Warafi on September 21. Warafi is an interesting Guantanamo habeas case with an interesting and unique history. Judge Royce Lamberth first … Read more »
David Remes, an attorney for Guantanamo habeas petitioners Uthman and Esmail, has sent in this overview of the ongoing Guantanamo counsel access dispute.
In brief: Remes and others recently objected to the Department of Justice’s proposed “Memorandum of Understanding,” or … Read more »
This just in: the last words (for a few days, anyway) in the Guantanamo attorney-client access dispute now pending before Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia.
Guantanamo detainees Uthman and Esmail, … Read more »
Wells posted yesterday the government’s filing on the question of continued access to counsel for Guantanamo detainees who have lost their habeas cases. I have now read through the motion, and I have to say, I’m a little perplexed.
To … Read more »