Latest in Guantanamo Litigation: District Court

Detention & Guantanamo

Guantanamo Detainee Files Supplemental Memorandum on the End of the War in Afghanistan

On June 5, 2015, in connection with recent motions practice, attorneys for habeas petitioner Mukhtar Yahia Naji al Warafi filed a supplemental memorandum with the U.S. District Court for the District of Columbia. In this document, the Guantanamo detainee's lawyers call attention to President Obama's recent statements about the end of the U.S. war in Afghanistan---the idea being to shore up a pending motion to have the court order al Warafi's release.

Guantanamo: Legislation

How Not to Close Guantanamo: Bring It Here

Ben asks “What Would it Take to Close Guantanamo?” and he provides a thoughtful response weighted toward the political landscape. But there’s another not-so-merely-philosophical question that underlies his question: what does it mean to “close Guantanamo?”

For purposes of rapprochement with Cuba it may have to mean U.S. out of Guantanamo altogether.

Detention & Guantanamo

Court Denies Preliminary Injunction in GTMO Force-Feeding Case

On Friday, Judge Gladys Kessler of the United States District Court for the District of Columbia denied detainee Abu Wa'el Dhiab's bid for a preliminary injunction against certain Guantanamo force-feeding procedures.

The court's memorandum opinion concludes as follows:

For the reasons stated above, the Court concludes that the Petitioner's Application for a Preliminary Injunction must be denied because he has failed to satisfy the "deliberate indifference" standard of proof.

Detention: Law of: District Court Development

Judge Kessler’s Videotape Order and the Costs of Crying Wolf

The First Amendment question in Judge Kessler’s opinion in support of her Order directing the videotapes of Abu Wa'el Dhiab's forced feedings to be unsealed (see Jane’s summary) is whether the public’s presumptive right of access is outweighed by the government’s well-specified “compelling interest” in keeping the classified tapes sealed.  The

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