A couple of weeks ago, several non-Afghan detainees at Bagram Air Force Base, Afghanistan filed a cert petition with the Supreme Court after the D.C. Circuit affirmed the district court’s ruling that it lacked subject matter jurisdiction to review the prisoners’ habeas actions.
Latest in Detention: Operations in Afghanistan
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:
I first met Capt. Patrick McCarthy a number of years back when he was the staff judge advocate down at Guantanamo and I visited the site for a day to see the detention facilities there. Capt. McCarthy is now the staff judge advocate at U.S. Pacific Command, and in this role has been the host of the MILOPS conference the years I have attended it. He is also, however, one of the military lawyers with the most experience in counterterrorism detention operations, so I listened to his talk on the subject at MILOPS this week with particular interest.
Excellent recent posts by Ben and Marty draw attention to the impact that the drawdown in Afghanistan likely will have on GTMO habeas litigation. I agree; we will certainly see a fresh wave of litigation. And as part of that wave, we will see the argument that the law of armed conflict no longer applies (even if it did properly apply pre-drawdown).
On New Year's Eve the New York Times reported that the Karzai Administration has given preliminary approval for the release of 88 Afghan detainees who were once held in US custody in Afghanistan and who were transferred (along with hundreds of others) to the control of the Government of Afghanistan as part of the larger process of unwinding US detention operations in Afghanistan. The U.S.
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.
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.
The Washington Post had an important story yesterday involving the future of the 53 military detainees who remain in U.S. custody in Afghanistan.
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.
A few weeks ago, Bobby and John reacted to a Washington Post story reporting that seven hundred Afghan detainees at Bagram Air Force Base whom the US transferred to Afghan custody earli