Latest in Latif

Detention & Guantanamo

Less-Redacted Latif

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.

Detention & Guantanamo

Mark Denbeaux on Latif

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.

Detention & Guantanamo

Thoughts on Latif #5--Of En Bancs and Cert Grants

The D.C. Circuit strongly disfavors en banc review. For longstanding cultural reasons, the court avoids en bancs whenever possible. This is generally a good thing. En bancs can be ugly; they stress a court's collegiality. The Latif case, however, should probably overcome the court's allergy to en bancs. I don't know whether Latif's lawyers will ask the full court to rehear the matter.

Detention & Guantanamo

Thoughts on Latif #4--A Fuller Analysis

The more I study the D.C. Circuit decision in Latif, the more important I think it is, and the more regrettable I think it probably is. I'm going to spread this out over two posts. In this one, which is going to be very long, I'm going to describe in some depth the arguments in both the majority opinion by Judge Janice Rogers Brown and the dissenting opinion by Judge David Tatel.

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