Guantanamo: Litigation: D.C. Circuit
Government Brief Opposes Bahlul Cert Petition
Matthew Kahn Thu, Sep 7, 2017, 8:47 PM
The government has filed a brief opposing the cert petition in Bahlul v. United States.
Latest in Guantanamo: Litigation: D.C. Circuit
Guantanamo
D.C. Circuit Strikes Down Bill of Attainder Claim in Paracha v. Trump
Jordan Brunner Wed, Apr 26, 2017, 4:51 PM
Yesterday, in a short per curiam opinion, the U.S. Court of Appeals for the D.C. Circuit affirmed the ruling of the U.S. District Court for the District Columbia that the lower court had no jurisdiction over a motion by Guantanamo detainee Saifullah Paracha to hold certain statutory provisions unconstitutional as “bills of attainder.”
Guantanamo Litigation: District Court
Force-Feeding Videos Remain Sealed
David Kimball-Stanley Mon, Apr 3, 2017, 1:14 PM
On Friday, a three-judge panel in the D.C. Court of Appeals rejected a request to release recordings of military personnel in Guantanamo Bay force-feeding a detainee who was on a hunger strike.
Guantanamo: Litigation: D.C. Circuit
Bahlul Files Cert Petition
Quinta Jurecic Tue, Mar 28, 2017, 6:09 PM
Counsel for Ali Hamza Suliman al Bahlul have filed a petition for a writ of certiorari with the Supreme Court appealing the October 2016 ruling by the U.S. Circuit Court of the District of Columbia.
Guantanamo: Litigation: D.C. Circuit
Nashiri Files Cert Petition in Habeas Case
Quinta Jurecic Mon, Mar 20, 2017, 2:16 PM
Counsel for Abd al-Rahim al-Nashiri have filed a petition for a writ of certiorari with the Supreme Court.
Guantanamo
Trump Administration Deposits SSCI Report with District Court
Quinta Jurecic Sat, Feb 11, 2017, 3:53 PM
With the end of the Obama administration and the beginning of the Trump administration, activity has picked up in Guantanamo litigation regarding the SSCI "torture report." Several weeks ago, I flagged that in the Nashiri habeas case in the U.S.
Guantanamo
An Update on SSCI Report Litigation
Quinta Jurecic Tue, Jan 24, 2017, 2:03 PM
As Benjamin Wittes and I noted a few weeks ago, these past few weeks have produced some interesting litigation activity regarding the Senate Intelligence Committee’s interrogation report. In the last days of the Obama administration and the first few days of the Trump administration, things appear to have picked up even more.
Case Coverage: Al Nashiri Case
Al-Nashiri II: Comity, Legitimacy, and the Military Commissions
Steve Vladeck Wed, Aug 31, 2016, 12:20 AM
The D.C. Circuit's refusal to reach the merits of Al-Nashiri's pre-trial challenge to the jurisdiction of the Guantánamo military commissions may seem like a hypertechnical application of a hypertechnical doctrine, but it's premised on a far deeper—and more problematic—normative assessment of the commissions' legitimacy.
Guantanamo
The Misbegotten Court of Military Commission Review
Steve Vladeck Tue, May 24, 2016, 12:00 PM
Last Friday's D.C. Circuit ruling in the Khadr case provides yet another striking illustration of how misbegotten an experiment the Court of Military Commission Review has turned out to be. As this post explains, not only does the CMCR suffer from inherent structural flaws that the political branches seem uninterested in fixing, but its substantive role in the military commission process has turned out to be not only woefully inefficient, but affirmatively counter-productive from both the government's and the defendants' perspectives. Simply put, the CMCR has become an object lesson in how not to create new non-Article III federal courts — and an expensive one, at that.
Military Commissions
The D.C. Circuit Hands Down Opinion in Khadr
Benjamin Wittes Fri, May 20, 2016, 11:39 AM
Here it is. Judge Brett Kavanaugh's opinion for himself, Judge Thomas Griffith, and Senior Judge A. Raymond Randolph opens as follows:
Omar Ahmed Khadr was a member of al Qaeda. On July 27, 2002, at the age of 15, 2 Khadr took part in a firefight in Afghanistan against U.S. forces. During the battle, Khadr killed a U.S. Army soldier, Sergeant First Class Christopher Speer.