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 »
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
… Read more »
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 … Read more »
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 … Read more »
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 … Read more »
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 … Read more »
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 … 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 »
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 … Read more »
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 … Read more »
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:… Read more »
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 … Read more »
(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 … Read more »
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 … Read more »
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 … Read more »
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 … Read more »
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 … Read more »
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. … Read more »