Guantanamo Litigation: District Court

Latest in Guantanamo Litigation: District Court

Detention & Guantanamo

Document: Habeas Petition of Guantanamo Detainee Denied

In an opinion signed on Jan. 28 and released in redacted form on Mar. 15, Judge Royce C. Lambeth of the U.S. District Court for the District of Columbia denied a petition for a writ of habeas corpus from Abdulsalam Ali Abdulrahman al-Hela, a Yemeni citizen captured in Afghanistan in 2002 and detained at Guantanmo Bay since 2004. The full opinion is available here and below.

Guantanamo Litigation: District Court

Government Shifts its Rationale for Holding Al-Afghani at Guantanamo

The United States has held Asadullah Haroon Gul, also known as al-Afghani, at Guantanamo Bay for 11 years. In an Oct. 10 court filing, as part of litigation arising out of al-Afghani’s 2016 petition for habeas corpus, the government amended the legal basis for Afghani’s detention.

Guantanamo Litigation: District Court

Force-Feeding Videos Remain Sealed

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. The detainee in question is Abu Wa’el (Jihad) Dhiab, whose habeas corpus proceedings have previously been covered by Lawfare. Dhiab has since been released to Uruguay, but media organizations continue to press for the public release of the military’s force-feeding recordings.

Interrogation

DOJ Delivered Only Copy of SSCI Report to Court, Senate Democrats Write

As Benjamin Wittes and I have noted, the last few weeks of the Obama administration and the first months of the Trump administration generated some activity surrounding the Senate Intelligence Committee’s report on interrogation, with counsel for Guantanamo detainees filing motions requesting that the SSCI report be preserved in at least four cases.

Guantanamo

Guantanamo Habeas Motion Appears to Reference Trump Tweet

Given Donald Trump’s continuing fondness for Twitter over the course of his rise to power, it was perhaps inevitable that sooner or later, we would start seeing his tweets showing up in litigations. Turns out it happened sooner, in fact before he even took office. In the weeks before the inauguration, counsel in Guantanamo habeas cases filed what appear to be the first motion referring, implicitly, to Trump’s tweets—at least the first that we’re aware of in the national security context.

Guantanamo Litigation: District Court

Judge Lamberth Orders SSCI Report Turned Over to the Court

The other day, Quinta and I noted that counsel for Abd al Rahim Al-Nashiri had asked the court in his habeas case to have a copy of the Senate Intelligence Committee's interrogation report filed under seal with the court. Yesterday, Judge Royce Lamberth issued an order doing just that:

Interrogation

Al-Nashiri Moves to Preserve SSCI Report in Habeas Case

Speaking of Guantanamo habeas litigation, which one of us was yesterday, there's been an interesting development in the Al-Nashiri habeas case. This particular habeas case out of Guantanamo has been a sleepy one, since all the action in the Abd al Rahim Al-Nashiri matter has been in his military commission trial and related federal court litigation.

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