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Tag Archives: Thomas Griffith

D.C. Circuit Dismisses Bagram Habeas Petitions

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Tuesday, December 24, 2013 at 12:00 PM

This Christmas Eve opinion, authored by Circuit Judge Karen LeCraft Henderson for a three-judge panel composed of Judge Thomas B. Griffith and Senior Circuit Judge Stephen F. Williams, affirms the district court’s conclusion that it lacks jurisdiction to hear habeas petitions brought by detainees held at Bagram Air Force Base’s Parwan Detention Facility. We covered . . .
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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 Government’s Opening Brief in the Counsel Access Case

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Saturday, September 21, 2013 at 2:00 PM

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 Lamberth partially invalidated recently-instituted search protocols for detainees held at Guantanamo Bay. These procedures were mandatory prior . . .
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On Ducks and the D.C. Circuit: A Thought on Hussain

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Friday, June 21, 2013 at 9:03 AM

A few years ago, when my then-research assistant Zaahira Wyne and I were trying to analyze what sort of people really made up the Guantanamo population—research that eventually went into both Chapter 3 of Law and the Long War and this paper—we developed an intellectual strategy we called the “Duck Test.” Zaahira and my problem . . .
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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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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 Releases Unredacted Ameziane Opinion

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Monday, October 8, 2012 at 7:20 AM

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 January 2010. Ameziane is not a habeas merits case; it deals, rather, with the protection of information about the . . .
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D.C. Circuit Upholds Narcoterrorism Conviction in United States v. Mohammed

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Wednesday, September 5, 2012 at 10:40 AM

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 Afghanistan. Of particular relevance to Lawfare readers is the court’s broad interpretation of 21 U.S.C. § 960a, which criminalizes drug . . .
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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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Why the “Munaf Sequels” Matter: A Primer on FARRA, REAL ID, and the Role of the Courts in Transfer/Extradition Cases

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Tuesday, June 12, 2012 at 9:00 AM

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 v. Thomas, a complicated extradition-related habeas case raising the question whether courts may inquire into Executive Branch . . .
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Oral Argument Yesterday in Doe v. Rumsfeld [Updated]

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Tuesday, March 20, 2012 at 12:05 AM

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 similar to Lebron v. Rumsfeld and Vance v. Rumsfeld, two recent Bivens cases brought by U.S.-citizen plaintiffs. In Lebron, . . .
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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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D.C. Circuit Affirmance in Suleiman Now Available

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Tuesday, February 7, 2012 at 12:30 PM

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.

Oral Argument Preview in Suleiman v. Obama

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Wednesday, September 14, 2011 at 2:53 PM

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 will not radically steer detention law in one direction or another.  In that way, Suleiman . . .
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Thoughts on Uthman

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Tuesday, March 29, 2011 at 2:00 PM

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, and was not planning to do any more blogging today than a short shout-out to . . .
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D.C. Circuit Reverses Uthman

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Tuesday, March 29, 2011 at 10:54 AM

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 had appealed Judge Henry Kennedy’s April 2010 decision granting Uthman’s habeas petition. The panel heard oral . . .
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Uthman Oral Argument Summary

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Friday, February 11, 2011 at 7:02 PM

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 he emerges with his district court habeas win vacated and remanded–rather than reversed outright. If . . .
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Uthman Oral Argument Preview

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Thursday, February 10, 2011 at 10:04 AM

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 appeal of the ruling by U.S. District Judge Henry Kennedy from last spring granting the writ to . . .
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Steve Vladeck on Rights and Remedies

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Thursday, January 27, 2011 at 4:48 PM

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, it strikes me that your most recent post (“A Right Without a Remedy”), by focusing . . .
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No En Banc Hearing in Pre-Transfer Notice Appeal

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Wednesday, January 12, 2011 at 3:23 PM

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 recall, was the D.C. Circuit case that essentially vacated a district court-imposed requirement that the government give 30 . . .
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