Posts tagged with: "Guantanamo"
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29 May 2013, 4:29 pm
So report the New York Times and the Washington Post.
Send to Kindle [read post]
15 Dec 2012, 6:55 am
About six weeks ago, I flagged the (in my view, alarming) filing by the government of a notice of appeal to the D.C. Circuit in the Guantanamo MOU/continuing access-to-counsel litigation. Late last night, the government filed this unopposed motion to dismiss the appeal, which, barring something very strange, will almost certainly be granted by the D.C. Circuit sooner rather than later, leaving Chief Judge Lamberth’s September 6 ruling as the final word on the subject. Needless to say, I… [read post]
9 Jan 2013, 12:33 pm
…is available here. In a nutshell:
Hamdan II requires reversal of Bahlul’s convictions by military commission of providing material support for terrorism, conspiracy to commit war crimes, and solicitation to commit war crimes. Because the Court is bound by Hamdan II, the government respectfully submits that it would be appropriate for the court to dispense with holding oral argument and proceed (once supplemental briefing has been completed) to issue… [read post]
14 Dec 2011, 1:44 pm
Uthman Abdul Rahim Mohammed Uthman responds to the government’s argument against his cert petition in his new reply brief, available here. It opens:
The petition in this case presents in stark terms the D.C. Circuit’s failure to articulate and apply a standard for detention of the Guantánamo prisoners that places any meaningful limits on the Executive Branch’s detention authority. The court says that it is applying a “functional” test to determine if a prisoner may be detained under… [read post]
2 Dec 2011, 11:55 am
The government has, unsurprisingly, filed a brief in opposition to Uthman Abdul Rahim Mohammed Uthman’s cert petition. Uthman, a Guantanamo habeas petitioner, had asked the Supreme Court to review this decision by the D.C. Circuit Court of Appeals affirming the legality of his detention. The government presents the question in the case as follows:
Whether the court of appeals correctly held that petitioner is subject to military detention under the Authorization for Use of Military Force . . .… [read post]
6 Sep 2011, 7:43 am
The D.C. Circuit has affirmed district court Judge John Bates’s denial of Shawali Khan’s petition for a writ of habeas corpus. Judge Merrick Garland wrote the court’s unanimous opinion, the opening paragraph of which reads:
Shawali Khan, a detainee at the United States naval base at Guantanamo Bay, Cuba, appeals the denial of his petition for a writ of habeas corpus. The district court found that Khan was “part of” Hezb-i Islami Gulbuddin (HIG), an associated force of al Qaeda and the… [read post]
15 Feb 2012, 4:15 am
Over at the Document Exploitation blog, Douglas Cox of the CUNY Law School has this very interesting post on redactions in the Alsabri Guantanamo habeas case–which was decided at the District Court level about a year ago and is now pending at the D.C. Circuit. It opens:
A Guantanamo case currently awaiting an appellate decision from the D.C. Circuit, Alsabri v. Obama, illustrates the difficulty of using captured documents as evidence. Thus far public analysis of the captured documents angle in… [read post]
27 Jun 2011, 7:37 am
In the Washington Post over the weekend, Peter Finn and Del Quentin Wilber survey the evolving legal landscape that is being created in Guantanamo detainee cases, complete with a quotation from Ben.
The Eurasia Review has this Andy Worthington op-ed on the subject. He argues that the judges deciding Guantanamo cases will keep the detention center open indefinitely.
This New York Times editorializes on the NDAA issues Ben has been writing obsessively about, concluding that,
The peddlers of fear and… [read post]
6 Jun 2012, 2:18 pm
I have resisted linking to the latest updates to Bobby, Larkin, and my paper—The Emerging Law of Detention 2.0: The Guantanamo Habeas Cases as Lawmaking—because the redesign of the Brookings web site temporarily messed up a bunch of the links and some of the formatting. Those issues have now been resolved, so I’m pleased to announce, a little belatedly, the latest update, which actually went live a few weeks ago.
For those who have not followed this unusual paper, we envisioned it as a living… [read post]
14 Dec 2011, 9:12 am
At least, Adam Liptak does in a well-worth-reading column about Latif. Take that, editorial staff!
On a more serious note, here’s the money quote:
Latif is the next great Guantánamo case–whether the Supreme Court agrees to hear it or not. As things stand now, Judge Tatel wrote, “it is hard to see what is left of the Supreme Court’s command in Boumediene.”
If the justices agree to hear the Latif case, they can explain whether their Guantánamo decisions were theoretical tussles about the… [read post]
9 Feb 2012, 10:02 am
There apparently hasn’t been any press about this yet, but there’s a new lawsuit filed over Rear Admiral David Woods’ order last year requiring all attorney-client communications at Guantanamo to be reviewed before they are delivered to the detainee. We’ve posted before about the earlier case raising this issue, that brought by Mustafa Ahmed Al Hawsawi, in the D.C. Circuit–and Ben and Ritika wrote about the arguments over the Woods order in the Nashiri military commission.
But the… [read post]
23 Aug 2012, 11:32 am
Last week, D.C. Circuit Court of Appeals Judges Henderson and Brown handed down a per curiam order in response to the government’s motion to remand Ravil Mingazov’s case to the District Court for consideration of his motion there under Rule 60(b), which governs situations in which new evidence has surfaced that may require reopening the original judgment.
Mingazov was granted a writ of habeas corpus by Judge Henry Kennedy in the District Court for the District of Columbia. The government… [read post]
23 Aug 2012, 11:32 am
Last week, D.C. Circuit Court of Appeals Judges Henderson and Brown handed down a per curiam order in response to the government’s motion to remand Ravil Mingazov’s case to the District Court for consideration of his motion there under Rule 60(b), which governs situations in which new evidence has surfaced that may require reopening the original judgment.
Mingazov was granted a writ of habeas corpus by Judge Henry Kennedy in the District Court for the District of Columbia. The government… [read post]
21 Jan 2012, 3:54 am
Here it is–redactions and all. Enjoy! [read post]
8 Sep 2011, 6:25 am
The appellant and appellee briefs for Alsabri v. Obama, a Guantanamo habeas case in the D.C. Circuit, are now available. You can read Ben’s thoughts on the District Court’s decision here and Bobby’s thoughts on the case here. Judge Urbina wrote the memorandum opinion, which is available here.
Alsabri’s appeals brief is available here.
The statement of issues posed by Alsabri are:
1. Whether the district court committed legal error by failing to consider the evidence as a whole and… [read post]
4 Oct 2011, 7:20 pm
The D.C. Circuit Court of Appeals will hear oral arguments on Thursday in the case of Al-Zahrani v. Rodriguez, which–believe it or not–is not a Guantanamo habeas case. It is, however, a Guantanamo case–and the only one that has ever gotten me labeled “The Worst Possible Person in the World.” (My life has few distinctions, but this honor is surely one.)
This the case, you may remember, that relates to three reported suicides at Guantanano in 2006; conspiracy theories about these deaths… [read post]
6 Dec 2011, 4:16 am
A redacted version of the cert petition in the case of Hussain Salem Mohammed Almerfedi is now public. [read post]
31 Aug 2012, 3:31 pm
Ben earlier noted an order, in which Judge John Bates instructed petitioners in Al Maqleh v. Obama to file, by no later than today, a “short summary, not to exceed two pages,” of any newly discovered facts that might bear on the government’s pending motion to dismiss. (The question posed by the case, you’ll recall, is whether the district court’s habeas jurisdiction extends to detentions conducted by the U.S. government at Bagram Airbase in Afghanistan.)
The petitioners today complied… [read post]
21 May 2012, 7:10 am
The Supreme Court orders list just came down, and there appears to have been no cert action on any of the Guantanamo cases on which cert decisions were expected. [read post]
29 May 2012, 7:18 am
The Supreme Court issued orders this morning – but, as before, took no action on several Guantanamo-related petitions for certiorari. [read post]