Brian Foster of Covington & Burling, responds to my comments on his earlier guest post as follows:
Latest in Latif v. Obama
Brian Foster of Covington & Burling, who represents several Guantanamo detainees, writes in with the following comments on my defense of CIA lawyer Jonathan Fredman---and the case of his former client, Adnan Latif:
I have spent a lot of time publishing other people's statements on the death of Adnan Latif over the past couple of days and have refrained from expressing my own views---in part because I have been gathering and composing my thoughts, which are mixed and which I offer here without apology for their lack of especial coherence. I find Latif's case uncommonly sad---not just sad in the way that all deaths in custody are sad, but sad for a different reason: Almost nobody really thought that Adnan Latif needed to be in custody at all. His death, therefore, should have been avoidable.
I will offer my own thoughts on the death of Adnan Latif later on, but several people have sent me comments on the subject that I am going to post first. Rather than do this in a string posts, I’m going to consolidate two in this one post. David Remes, one of Latif’s lawyers, sent me the following on Amnesty International’s plans for a major campaign for his now-dead client’s freedom:
AMNESTY INTERNATIONAL LOGO FOR WORLDWIDE ADNAN LATIF CAMPAIGN
The Harvard Law Review has published this article on the Latif decision as its presumption of regularity by a student named Al-Amyn Sumar. The article is dated in two important respects--first, that it argues for cert that was denied just before its publication and second, that it is based on the initial, heavily-redacted version of a the Latif opinion, whereas a more fulsome version is now available. Its basic thesis is:
The government's opposition to cert in Latif is now public. The government argues that "The decision of the Court of Appeals is correct and does not conflict with any decision of this Court or any other court of appeals. Further review is not warranted." You can read Latif's cert petition, as well as amicus briefs on cert.
I have written extensively on the D.C.
The D.C. Circuit has released a less-redacted version of its Latif opinion. I haven't read it yet, but the D.C. Circuit Review web site has and notes that the new version offers significantly more information about the underlying intelligence report than did the still-more-heavily redacted version released last year.
Two new amicus briefs concerning the petition for a writ of certiorari in Latif. The first is on behalf of thirteen retired federal judges, who offer four main arguments:
I don't normally agree on detention policy matters with Seton Hall's Mark Denbeaux--and there's certainly some rhetoric in this piece in Jurist that I would never use and conclusions I do not reach. That said, I recommend it to those interested in why Latif is a big deal, a point I have made more than once myself.