Posts tagged with: "Guantanamo"
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29 May 2013, 4:29 pm by Wells Bennett
So report the New York Times and the Washington Post.   Send to Kindle [read post]
26 Jun 2013, 6:30 am by Benjamin Wittes
It’s a big week at the Supreme Court, but Guantanamo habeas heads will not want to miss this development: the cert denial in Obaydullah on Monday. Steve wrote about this cert petition here, and coverage of the D.C. Circuit ruling is available here. [read post]
26 Jun 2013, 6:30 am by Benjamin Wittes
It’s a big week at the Supreme Court, but Guantanamo habeas heads will not want to miss this development: the cert denial in Obaydullah on Monday. Steve wrote about this cert petition here, and coverage of the D.C. Circuit ruling is available here. [read post]
17 Jan 2014, 7:46 am by Wells Bennett
Just in case you want to read something not about reforms to NSA surveillance: here’s the opinion from the D.C. Circuit in Al-Janko v. Gates.  Today, a three-judge panel affirmed the district court’s rejection of the ex-detainee’s suit against government officials: KAREN LECRAFT HENDERSON, Circuit Judge: As part of its global war on terrorism, the United States detained Abdul Rahim Abdul Razak al Janko in Afghanistan and at United States Naval Station… [read post]
9 Jan 2013, 12:33 pm by Steve Vladeck
…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]
15 Dec 2012, 6:55 am by Steve Vladeck
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]
2 Dec 2011, 11:55 am by Benjamin Wittes
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 by Raffaela Wakeman
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]
14 Dec 2011, 1:44 pm by Raffaela Wakeman
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]
15 Feb 2012, 4:15 am by Benjamin Wittes
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]
2 Oct 2013, 5:33 pm by Wells Bennett
That is the gist of this quite important filing, made today by the Justice Department, in the case of Idris v. Obama.  It begins: Respondents respectfully submit this response to Petitioner’s Motion for Judgment on His Petition for a Writ of Habeas Corpus (“Petitioner’s Motion”). Dkt. No. 270.1 As explained below, Respondents hereby withdraw their reliance upon the amended factual return that they have filed in this case in response to the Petition for a Writ of… [read post]
10 Feb 2014, 12:42 pm by Wells Bennett
Over at Politico, Josh Gerstein has an interesting piece on the Ali piracy case, and its potential implications for terrorism cases.  The article—which quotes Jen Daskal and Cully Stimson, among others—opens: The failed prosecution of an alleged Somali pirate — and the fact that that failure could leave him living freely, and permanently, inside U.S. borders — is highlighting anew the risks of trying terror suspects in American courts. Just a few weeks ago, Ali… [read post]
27 Jun 2011, 7:37 am by Raffaela Wakeman
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 by Benjamin Wittes
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]
17 Aug 2013, 3:32 am by Lauren Bateman
Yesterday, Guantanamo detainee Ahmed Adnan Ajam filed a motion for partial summary judgment and for declaratory relief in his habeas suit before the D.C. District Court. Ajam’s case takes a new approach to Guantanamo habeas litigation: Ajam challenges Section 1028 of the National Defense Authorization Act—the section which imposes detainee transfer restrictions on the President—as an unconstitutional Congressional intrusion into plenary Presidential foreign policy power. Using his… [read post]
20 Jan 2014, 1:42 pm by Wells Bennett
Tomorrow morning at 9:30 a.m., a three-judge panel of the D.C. Circuit will hear oral argument in the Guantanamo habeas case of Abdullah v. Obama. Before Circuit Judge Karen LeCraft Henderson, and Senior Circuit Judges Stephen F. Williams and A. Raymond Randolph, will be a debate over the district court’s rejection of the Yemeni detainee’s motion for a preliminary injunction.  Each side will have ten minutes to make its presentation. By way of summary,… [read post]
23 Aug 2012, 11:32 am by Raffaela Wakeman
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 by Raffaela Wakeman
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]
9 Feb 2012, 10:02 am by Raffaela Wakeman
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]
14 Dec 2011, 9:12 am by Benjamin Wittes
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]