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Tag Archives: Thomas Hogan

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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District Court: No Jurisdiction Over Emergency GTMO Motion on Water, Cold

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Monday, April 15, 2013 at 7:26 PM

That’s the gist of this report, filed earlier today by Politico’s Josh Gerstein: A federal judge declined Monday to take action on behalf of a hunger-striking prisoner at Guantanamo Bay whose attorneys say his life is in danger because of a lack of clean water and adequate medical treatment. After an hour-long hearing Monday morning, . . .
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Petitioner’s Further Briefing in GTMO Hunger Strike Dispute

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Thursday, April 11, 2013 at 7:00 AM

Yesterday, pursuant to Judge Thomas Hogan’s recent order, lawyers for habeas petitioner Musa’ab Omar al-Madhwani filed a brief addressing the district court’s jurisdiction to hear al-Madhwani’s emergency challenge to the conditions of his confinement at Guantanamo. The detainee—who is taking part in an ongoing GTMO hunger strike—claims that detention facility personnel denied him potable water, . . .
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Developments in GTMO Emergency Motion on Water and Cold

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Monday, April 8, 2013 at 8:53 PM

Earlier today, in Anam et. al. v. Obama, the district court sought further briefing on its power to hear a GTMO detainee’s complaints of mistreatment by detention personnel. Background: an April 15 hearing had been set on hunger striker Mus’ab Omar al-Madhwani’s emergency motion “for humanitarian and life-saving relief.”  In the filing, the detainee’s attorneys said GTMO officials had denied al-Madhwani . . .
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DOD Responds–Cryptically–to CCR Hunger Strike Letter

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Tuesday, April 2, 2013 at 2:48 PM

See this letter from Deputy Assistant Secretary of Defense Lietzau, on behalf of Secretary Hagel… At bottom, it seems increasingly clear that there are two very different accounts out there about what’s happening on the ground at Guantánamo–that provided by detainee counsel, and that provided by the government.  Hopefully, Judge Hogan’s April 15 hearing in al-Madhwani will help . . .
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Al Madhwani Emergency Motion on Water and Clothes

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Friday, March 29, 2013 at 7:01 AM

An emergency motion filed before U.S. District Judge Thomas Hogan the other day alleges that guards at Guantanamo are denying a hunger-striking detainee access to potable water and are cranking up the air conditioning to freeze the detainees. The government swiftly denied the premise and filed an affidavit attempting to rebut it. Here’s what Musa’ab Omar Al Madhwani . . .
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Mingazov Remanded to District Court

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Thursday, August 23, 2012 at 2:32 PM

Last week, D.C. Circuit Court of Appeals Judges Henderson and Brown handed down a per curiam order in response to the government’s motion to remand Ravil Mingazov’s case to the District Court for consideration of his motion there under Rule 60(b), which governs situations in which new evidence has surfaced that may require reopening the . . .
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David Remes’ Overview of the GTMO Counsel Access Dispute

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Thursday, August 16, 2012 at 1:47 PM

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 “MOU” – which would, among other things, regulate future meetings between Remes and his two clients, . . .
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The Latest Salvo(s) in the Battle for GTMO Counsel Access

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Tuesday, August 14, 2012 at 3:44 PM

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, Al-Mudafari and Al-Mithali, and Al-Baidany yesterday filed replies to the government’s response brief regarding counsel access.  (Counsel . . .
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Checking in on the Mingazov Case

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Thursday, June 21, 2012 at 6:10 PM

There has been some movement in the long-stalled Mingazov case—one of the Guantanamo habeas cases that’s still kicking around. Way back in December 2010, Larkin shared the government’s brief in its appeal of U.S. District Judge Henry H. Kennedy’s grant  of habeas corpus to Ravil Mingazov. In this post, I will attempt to get you up . . .
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Al-Nashiri #2: Witnesses on Mail

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Tuesday, January 17, 2012 at 10:54 AM

By Benjamin Wittes & Ritika Singh Military Judge Pohl next raises the issue of witnesses for the big matter on the court’s agenda–the monitoring of Al-Nashiri’s legal mail. He says he probably won’t hear the motion itself until tomorrow. But the defense, he says, has indicated that it would like to compel two witnesses to . . .
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Al-Madhwani Cert Petition

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Thursday, October 27, 2011 at 9:24 PM

Musa’ab Omar Al-Madhwani, a Guantanamo habeas petitioner, has filed a cert petition seeking review of the DC Circuit opinion affirming his detention. That opinion, in turn, affirmed District Judge Thomas Hogan’s earlier opinion. The petition presents the following questions: Whether the Court of Appeals’ expansive detention standard, approving detention based on peripheral association with others now suspected of being . . .
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Oral Argument Held in Post-Transfer Relief Appeals

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Friday, April 1, 2011 at 5:06 PM

Today the D.C. Circuit heard oral argument in Gul v. Obama and Hamad v. Obama, the consolidated appeals that ask whether a federal district court has jurisdiction to consider the claims of habeas petitioners Nazar Gul and Adel Hassan Hamad–both of whom are no longer at Guantanamo Bay. As we have previously covered the petitioners’ . . .
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Al Madhwani Argument Summary

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Thursday, March 10, 2011 at 9:39 PM

(By Benjamin Wittes and Larkin Reynolds) The D.C. Circuit has a remarkable collection of talent. I am constantly amazed at how well-versed its judges are in the record in the cases I watch and the wealth of material they draw on in formulating questions. Their generally extraordinary level of capability makes it all the more . . .
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Two New Briefs in Guantanamo Habeas Appeals

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Friday, January 28, 2011 at 7:31 PM

We have new briefs in two Guantanamo habeas appeals–Al Madhwani v. Obama and Al Abdah v. Obama (Al Latif). The first is the government’s response brief in Al Madhwani, a case in which Musa’ab Omar Al-Madhwani appeals Judge Thomas Hogan’s December 2009 bench ruling and January 2010 opinion affirming Al-Madhwani’s detention, as well as two other interlocutory . . .
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Government Brief in Post-Transfer Relief Appeal

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Monday, December 27, 2010 at 4:00 PM

A few weeks ago we posted the petitioners’ joint opening brief in a consolidated appeal before the D.C. Circuit that tests whether federal courts retain habeas jurisdiction even after a detainee leaves U.S. custody, and, accordingly, whether a court can grant relief to detainees who have been transferred from Guantanamo. Last week the government filed . . .
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Public Appellant Brief Available in Al Madhwani

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Wednesday, December 15, 2010 at 4:52 PM

Today, the D.C. Circuit released the public version of the appellant’s brief in Al Madhwani v. Obama. In this case, Musa’ab Omar Al-Madhwani appeals Judge Thomas Hogan’s December 2009 bench ruling and January 2010 opinion affirming his detention, as well as an order denying certain discovery requests and an order denying his motion for reconsideration. His lawyers . . .
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New Cert. Petition-Khadr v. Obama

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Monday, December 6, 2010 at 10:40 PM

Today, Omar Khadr and fellow habeas petitioners filed a cert. petition in one of a number of non-merits Guantanamo matters. The petition challenges the D.C. Circuit’s September decision to vacate several 2008 orders issued by Judge Thomas Hogan in the wake of the Supreme Court’s Boumediene decision. Judge Hogan’s 2008 orders had imposed a requirement . . .
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Former Guantanamo Detainees Seek Relief After Transfer

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Tuesday, November 16, 2010 at 12:08 AM

An interesting new issue has landed at the D.C. Circuit: Whether courts retain habeas jurisdiction even after a detainee leaves U.S. custody. Last week, two former Guantánamo detainees filed their merits brief in a consolidated case before the appeals court. The detainees, Nazar Gul and Adel Hamad, ask the D.C. Circuit to reverse a decision from April . . .
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