Today the Department of Defense announced that Yusef Abbas, Saidullah Khalik, and Hajiakbar Abdul Ghuper have been transferred to the government of Slovakia, and will voluntarily settle in that country. They were the last ethnic Uighur Chinese still held at the detention facility. Eleven detainees have been transferred this year, and there are 155 detainees remaining in Guantanamo.
Raffaela Wakeman is an evening student at Georgetown University Law Center, a former researcher at the Brookings Institution, and a legal intern with the Department of Treasury’s Office of General Counsel. The views expressed in this post are her own, and do not represent the views of the U.S. Government or the Department of Treasury. She was a full-time contributor to Lawfare from 2011 to 2014, most recently serving as an Associate Editor.
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On Christmas Eve, a three-judge panel of the D.C. Circuit handed down its opinion in a habeas appeal brought by three detainees held by the United States at Bagram Air Force Base's Parwan detention facility in Afghanistan. The opinion in the consolidated cases of Al Maqaleh v. Hagel, Amanatullah v. Obama and Hamidullah v. Obama, authored by Circuit Judge Karen LeCraft Henderson, concludes that the federal courts lack jurisdiction to entertain the detainees' habeas petitions.
Shortly before Christmas, counsel for Guantanamo detainee Mukhtar Yahia Naji Al Warafi filed a petition for a writ of certiorari in his habeas petition, having been denied earlier this year an en banc rehearing in the D.C. Circuit.
Breaking news: Southern District of New York Judge William H. Pauley III granted the government's motion to dismiss in ACLU v. Clapper, a lawsuit challenging the legality of the telephony metadata program, and found the program to be lawful.
The president's statement today upon signing the 2014 National Defense Authorization Act focuses almost exclusively on the provisions related to the detention facility at Guantanamo Bay. He acknowledges the more flexible transfer provisions, but concludes that they may violate separation of powers principles.
The President Review Group's ("PRG") Report, released last week, makes nearly four-dozen individual recommendations related to foreign intelligence surveillance, privacy, civil liberties oversight responsibilities, cybersecurity, and the organization of the intelligence community.
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.