Detention: Non-Guantanamo Habeas Litigation

Latest in Detention: Non-Guantanamo Habeas Litigation

Detention

Document: Judge Chutkan Declines to Block Government from Transferring Detainee in Doe v. Mattis

Judge Tanya Chutkan of the U.S. District Court for the District of Columbia issued a ruling in Doe v. Mattis on January 23, declining to further enjoin the government from transferring Doe out of U.S. custody but requiring the government to provide both the court and the ACLU with 72 hours' notice prior to Doe's transfer.

Detention: Non-Guantanamo Habeas Litigation

ACLU v. Mattis and the Citizen Enemy Combatant in Hamdi v. Rumsfeld

If ACLU v. Mattis eventually reaches the underlying merits, the court will need to wrestle with the historical backdrop that informed ratification of the Suspension Clause and its operation through much of American history along with difficult questions going to the extraterritorial application of the United States Constitution.

 
Guantanamo: Legislation

The Meaningful Legal Differences Between Stateside and Guantánamo Detention

Gabor's post from this morning, which is styled as a response to Ben's thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only meaningful way to "close" Guantánamo is for President Obama "to either release all detainees or try them in our time-tested federal courts," at least largely because moving the detainees into the United States wou

NIAC: Conflict with IHRL

Findings, Conclusions and Areas of Dispute Between the SSCI Report, the Minority and the CIA: Part 2

Below, you will find the second installment in our ongoing effort to identify, in summary form, key areas of dispute as between the SSCI, the SSCI minority, and the CIA with regard the CIA's detention and interrogation program. As you surely know by now, all three today released long-anticipated reports regarding the CIA's post-9/11 detention and interrogation activities. 

Detention: Non-Guantanamo Habeas Litigation

The Rahmatullah Saga Goes On

Last week, a British court allowed civil tort claims against the British government to proceed. In Rahmatullah v. Ministry of Defence, the High Court (Queen’s Bench Division) held that a former Pakistani detainee—captured by the United Kingdom but then transferred to American custody—was not barred from suing by either the state immunity or the foreign act of state doctrines.

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