Guantanamo: Litigation: Supreme Court

Latest in Guantanamo: Litigation: Supreme Court


The National Security Law Podcast: Party Like It’s June 28, 2004!

It had to happen sooner or later: an actual slow week for national security law! Ugh! Well, time to make lemonade from the lemons. A slow week in NSL news means that we can take a run at a format that we originally expected to be a mainstay for the show: a deep-dive into a single significant development.

Guantanamo: Litigation: D.C. Circuit

Nashiri Files Cert Petition in Habeas Case

Counsel for Abd al-Rahim al-Nashiri in the Guantanamo detainee's habeas case have filed a petition for a writ of certiorari with the Supreme Court appealing the decision made by the U.S. Court of Appeals last August, which denied Nashiri's petition for a writ of mandamus to dissolve the military commission convened to try him. The declassified petition and and appendix contain new information on Nashiri's treatment while in CIA custody and are both available below.

Military Commissions

The Functional Case Against Military Commission Trials of "Domestic" Offenses

As I explained on Sunday, one way to understand the diffference between the majority and dissenting opinions in last Friday's D.C. Circuit decision in al Bahlul v. United States is as reflecting two different methodological approaches to the question of whether Congress can empower non-Article III military commissions to try "domestic" offenses like inchoate conspiracy.

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.

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