As Ben noted last month, Judge Bates recently has shown some interest in possibly moving the Boumediene-at-Bagram case, Al Maqaleh v. Rumsfeld, along toward a resolution. After several very quiet months seemingly mulling over the pleadings before him, on the same day NPR aired a story suggesting that the U.S.
Larkin Reynolds is an associate at a D.C. law firm and was a legal fellow at Brookings from 2010 to 2011. Larkin holds a J.D. from Harvard Law School, where she served as a founding editor of the Harvard National Security Journal and interned with the Senate Judiciary Committee, the Navy Judge Advocate General’s Corps, and the National Security Division of the Department of Justice. She also has a B.A. in international relations from New York University.
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Tomorrow morning, a panel of three judges from the United States Court of Appeals for the District of Columbia Circuit (Chief Judge Sentelle along with Circuit Judges Ginsburg and Kavanaugh) will hear argument in the case of Salim Hamdan v. United States.
Today the Supreme Court issued cert. determinations in two of the several Guantanamo-related petitions that have been filed this term. The Court denied both petitions, declining to hear either Abdah v.
As Jack and Steve have both noted, yesterday the Fourth Circuit issued its opinion in Lebron v. Rumsfeld, the appeal seeking reversal of a district court's decision denying Jose Padilla declaratory and equitable relief against several current and former U.S. officials.
As Ben pointed out yesterday, the Washington Post report about the possibility that non-Afghan detainees held at Parwan will be repatriated to their home countries is significant news. Apart from its import for U.S. detention policy generally, the development, if true, may have bearing on the factual underpinnings in Al Maqaleh v. Gates, the case examining whether the Suspension Clause extends to non-Afghan detainees held in the U.S.-run detention facilities in Afghanistan.
When we last looked in on Al Maqaleh v. Gates, the case seeking to extend the right to federal habeas review for non-Afghan detainees held in the U.S.-controlled detention facility in Afghanistan, the petitioners and the government were briefing the government’s motion to dismiss.