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 »
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 »
This slipped by me on Friday, when I was in Cambridge plotting the next phase of Lawfare‘s expansion. The D.C. Circuit has issued an unredacted opinion in this case, Ameziane v. Obama, which actually came down in … Read more »
Yesterday the D.C. Circuit issued its decision in United States v. Mohammed, in which the defendant, Afghan citizen Khan Mohammed, appealed his conviction on narcoterrorism charges stemming from his involvement in a plot to attack a NATO base in … 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 »
Yesterday’s news out of the Supreme Court may well have obscured another significant detainee-related legal development: As Lyle Denniston has noted over at SCOTUSblog, on Friday, the en banc Ninth Circuit handed down a thoroughly fractured decision in Garcia … Read more »
The D.C. Circuit heard oral argument yesterday in Doe v. Rumsfeld (11-5209), a Bivens case brought by a U.S. citizen working as a military contractor in Iraq who alleged detention and interrogation abuses by the U.S. government. The case is … 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 »
The D.C. Circuit’s affirmance of the District Court’s judgment in Suleiman v. Obama, which we noted two weeks ago, is available here.
Nothing terribly surprising in the opinion, which was written by Judge Griffith.
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 »
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 »
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 »
Steve Vladeck just sent in the following thoughts in response to my suggestion that habeas is not quite a right without a remedy:
Without getting too deeply into the back-and-forth between you, David, and Sabin over the “Embrac[e] Guantanamo” idea,
… Read more »
Yesterday the D.C. Circuit denied a petition for initial hearing en banc in Abdah v. Obama (No. 05-5224), a case involving the same type of pre-transfer notice orders as those at issue in Kiyemba II. Kiyemba II, readers may … 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 »
Yesterday, Lyle Denniston posted a recap of all eight currently pending detainee cert. petitions over at SCOTUSblog. Three of those eight cover what we might call transfer and release issues. Petitioners filed the last of those three yesterday, making it … Read more »
One of the many headaches associated with the GTMO habeas litigation concerns the process of deciding which items of information used in the litigation should be treated as “protected information” that can be shared only with the detainee’s counsel and … Read more »