Latest in Detention: Non-Guantanamo Habeas Litigation
On Monday, Khalid Ahmed Qassim filed a motion for en banc review of Judge Thomas Hogan’s May 10 denial of a petition for habeas relief.
There’s plenty to chew on in the 79 pages of opinions from the D.C. Circuit in Doe v. Mattis—in which a divided panel affirmed a district court injunction blocking the transfer of a U.S. citizen captured in Syria and held in Iraq as an “enemy combatant” to “Country A” (which is likely Iraq) or “Country B” (which is definitely Saudi Arabia).
Earlier today, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in Doe v. Mattis, the case of a dual U.S.-Saudi citizen (John Doe) detained in Iraq by the U.S. military. Judges Sri Srinivasan and Robert Wilkins considered whether the U.S. District Court for the District of Columbia had erred in granting a preliminary injunction requiring the government to give 72 hours of notice before transferring Doe from U.S. custody. Judge Karen LeCraft Henderson was also assigned to the panel but didn’t show up for the oral argument.
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.
On Dec. 11, the United States District Court for the District of Columbia heard arguments in ACLU v. Mattis on the question whether the ACLU should be permitted to represent a United States citizen who is currently being detained as an enemy combatant in Iraq.
American Civil Liberties Union Foundation v. Mattis is a would-be habeas corpus petition brought by the ACLU Foundation on behalf of an unnamed American citizen whom the U.S. government has been holding in military detention in Iraq since September.
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 wouldn
In October 2009, Ali Saleh Al-Marri was sentenced to more than eight years in prison under a plea deal the Al Qaeda sleeper agent had struck with federal prosecutors.
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.
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.