Jamal al-Harith, an ISIS fighter who detonated a suicide bomb in Mosul last Sunday, was a British citizen who had been detained in Guantanamo from 2002 through 2004.
Latest in Detention & Guantanamo
The indispensable Charlie Savage has just posted the latest iteration of the Trump Administration’s planned Executive Order on detention issues, along with an article placing that draft in context (including helpful insights from Jack Goldsmith and Ryan Goodman).
If Trump brings an ISIL detainee to GTMO, the courts will finally be able to rule on President Obama's extension of the 2001 AUMF to ISIL. That is a legal risk Congress should not want to abide.
It is time for the new Administration to be thinking about the difficult decisions it has to make regarding current and future wartime detention of enemy fighters. Developing a principled, credible, and sustainable detention policy will require more than simply undoing the policies of the prior administration.
The original motion by counsel for Abd al Rahim al-Nashiri to have a copy of the Senate Intelligence Committee's interrogation report to held under seal with the D.C. District Court, as well as the government's response and a reply to the government by Nashiri's counsel.
The other day, Quinta and I noted that counsel for Abd al Rahim Al-Nashiri had asked the court in his habeas case to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court. Yesterday, Judge Royce Lamberth issued an order doing just that:
A high-value detainee files a motion to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court.
Don't look now but we're about to see at least one new Guantanamo habeas merits hearing—tomorrow, in fact.
Maintaining Guantanamo is fast becoming silly.
I had been looking forward to this very long story in the New Yorker, in part because the title is interesting. "Why Obama Has Failed to Close Guantanamo: Congress is blamed for preventing the President from fulfilling his pledge. But that’s not the whole story."