Latest in Detention: Non-Guantanamo Habeas Litigation

Detention & Guantanamo

The D.C. Circuit's Opinion in the Bagram Habeas Petitions

On Christmas Eve, a three-judge panel of the D.C. Circuit handed down its opinion in a habeas appeal brought by three detainees held by the United States at Bagram Air Force Base's Parwan detention facility in Afghanistan. The opinion in the consolidated cases of Al Maqaleh v. Hagel, Amanatullah v. Obama and Hamidullah v. Obama, authored by Circuit Judge Karen LeCraft Henderson, concludes that the federal courts lack jurisdiction to entertain the detainees' habeas petitions.

Detention & Guantanamo

D.C. Circuit Dismisses Bagram Habeas Petitions

This Christmas Eve opinion, authored by Circuit Judge Karen LeCraft Henderson for a three-judge panel composed of Judge Thomas B. Griffith and Senior Circuit Judge Stephen F. Williams, affirms the district court's conclusion that it lacks jurisdiction to hear habeas petitions brought by detainees held at Bagram Air Force Base's Parwan Detention Facility.

Detention: Law of

Whither Hamidullah? Briefs on Bagram Habeas Petition Status Post-Repatriation

The briefing regarding the mootness of the habeas appeal of the now-former Bagram detainee, Hamidullah, is before the D.C. Circuit. Last week the U.S. government informed Hamidullah's attorneys that he had been transferred, along with five other non-Afghans who had been detained by the U.S. at Bagram Air Force Base, to the custody of the Pakistani government. So the D.C.

Terrorism Trials & Investigations

Postwar: An Essay on Whether the Armed-Conflict Model Still Matters

"Does it really matter, from a legal perspective, whether the U.S. government continues to maintain that it is in an armed conflict with al Qaeda?  When it comes to the use of lethal force and military detention, not nearly so much as both supporters and critics of the status quo commonly assume."

Detention & Guantanamo

Heritage Event on Detainee Policy

I meant to post on this last week and clean forgot until I heard a bit of it on CSPAN radio yesterday. The Heritage Foundation held this event on detainee policy featuring all four people who have held the job of deputy assistant secretary of defense for detainee affairs: Charles Stimson, who hosted the event, our own Matt Waxman, Sandra Hodgkinson, and the incumbent, William Lietzau. It's a very interesting conversation about the detainee policy office, its history, and the challenges two administrations have faced.

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