Latest in Detention: Law of: District Court Development

AUMF: Scope and Reach

The End of the United States' War in Afghanistan Requires Detainee's Release From GTMO

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.

Detention & Guantanamo

Court Denies Preliminary Injunction in GTMO Force-Feeding Case

On Friday, Judge Gladys Kessler of the United States District Court for the District of Columbia denied detainee Abu Wa'el Dhiab's bid for a preliminary injunction against certain Guantanamo force-feeding procedures.

The court's memorandum opinion concludes as follows:

For the reasons stated above, the Court concludes that the Petitioner's Application for a Preliminary Injunction must be denied because he has failed to satisfy the "deliberate indifference" standard of proof.

Detention & Guantanamo

Dhiab Preliminary Injunction Hearing Read-Out, Part Two

We continue with our coverage of a preliminary injunction hearing in the case of Guantanamo detainee and intermittent hunger-striker Abu Wa’El (Jihad) Dhiab.

As before, we recount the prior day’s proceedings in summary fashion. In short, the day saw further cross-examination of one of the detainee’s experts, Dr. Stephen Xenakis; direct and cross-examination of another expert, Dr. Steven Miles; and the commencement of the government’s evidence. The latter called no witnesses.

Detention: Law of: District Court Development

Dhiab Preliminary Injunction Hearing Read-Out: Part One

Below you’ll find a read-out on the first of a three-day, preliminary injunction hearing in the case of Guantanamo detainee and intermittent hunger-striker Abu Wa’El (Jihad) Dhiab.

The Syrian national’s habeas case is likely familiar to readers by now. He has been cleared for release, and awaits a possible transfer to Uruguay after the latter’s upcoming presidential election.

Detention: Law of: District Court Development

Judge Kessler’s Videotape Order and the Costs of Crying Wolf

The First Amendment question in Judge Kessler’s opinion in support of her Order directing the videotapes of Abu Wa'el Dhiab's forced feedings to be unsealed (see Jane’s summary) is whether the public’s presumptive right of access is outweighed by the government’s well-specified “compelling interest” in keeping the classified tapes sealed.  The

Detention: Operations in Afghanistan

The Uncertain Future of Military Detention Authority as "Combat Operations" in Afghanistan End

Scooping his own speech tomorrow at West Point, President Obama today announced his decision on future US force levels in Afghanistan.  Assuming that the winner of the Afghan presidential election will indeed sign the new Bilateral Security Agreement (which both leading candidates have pledged to do), the US will:

- reduce its presence to 9800 troops for 2015, with

Detention: Law of: District Court Development

DDC Declines to Reissue TRO in Dhiab Hunger Strike Case, Blasts DoD "Intransigence"

Earlier in the week, I wondered aloud about the future of a temporary restraining order, entered by Judge Gladys Kessler and temporarily banning the force feeding of Guantanamo detainee Abu Wa'el Dhiab.  The court had called a status conference on Wednesday, and there addressed various discovery issues.

Detention: Law of: District Court Development

Read Out on Today's GTMO Hunger Strike Hearing

Last week, U.S. District Judge Gladys Kessler entered a temporary restraining order in a habeas case filed by Guantanamo detainee Jihad Dhiab. Among other things, and most interestingly, her ruling temporarily forbade the government from engaging in “any Forcible Cell Extractions of Petitioner for purposes of enteral feeding and any enteral feeding of Petitioner until May 21, 2014,” when the parties would return to court for a status hearing (emphasis mine).

The command evidently had its roots in a discovery fight.

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