On Tuesday, Judge Thomas Hogan of the U.S. District Court for the District of Columbia denied Khalid Ahmed Qassim’s petition for a writ of habeas corpus. Russell Spivak summarized the joint status report, motion in limine, and a prehearing brief filed in the case for Lawfare in March. Read Hogan’s one-page judgment below:
Latest in Detention: Law of: District Court Development
On April 19, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued an opinion in Doe v. Mattis on the government's proposed transfer of John Doe. The court unsealed the opinion on Monday:
Enjoining the Transfer of a US-Saudi Citizen to Saudi Arabia: A Doe v. Mattis Update and Initial Preview
Since this article's publishing, the U.S. District Court for the District of Columbia has released Judge Chutkan's ruling. Read it on Lawfare.
Can the U.S. government transfer a dual U.S.-Saudi citizen, without his consent, from U.S. military custody in Iraq to Saudi custody in Saudi Arabia? This issue has been percolating for a while in federal court, but the case is now heading rapidly towards an answer.
On Tuesday, April 17, the Justice Department filed a notice alerting the U.S. District Court for the District of Columbia of the government's intention to transfer John Doe, an American citizen held in U.S. military detention in Iraq, to an unnamed third country. Under the terms of a preliminary injunction issued by the court, the government is required to provide 72 hours' notice before transferring Doe.
On Tuesday, the Justice Department filed a notice informing the D.C. federal district court of the government's intention to transfer the detained John Doe U.S.-citizen enemy combatant to the custody of another country in no fewer than 72 hours. The government filed the heavily redacted notice pursuant to Judge Tanya Chutkan's Jan.
Khalid Ahmed Qassim, a Guantanamo Bay detainee from Yemen who made international headlines by writing in the Guardian about his hunger strike protesting his treatment, submitted multiple filings to the U.S. District Court for the District of Columbia on Feb. 22: a Joint Status Report (alongside the Department of Justice), a motion in limine, and a prehearing brief. This post will summarize each of these three filings.
The Guantanamo detainee, as readers likely know, argued in a February motion that the end of the United States' war in Afghanistan, as recognized by President Obama, requires his release from Guantanamo. On Wednesday, Al-Warafi filed his reply brief on that issue. It opens as follows:
The response was filed on Friday, in the habeas case of Al-Warafi v. Obama. Have a look:
Such is this gist of this quite important Motion to Grant Petition For Writ of Habeas Corpus, filed last night by attorneys for Guantanamo detainee Mukhtar Yahia Naji al Warafi. His filing opens as follows:
Under the Authorization for Use of Military Force, Pub. L. No. 107-40, § 2(a), 115 Stat.