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Salim Hamdan has filed his initial brief in the D.C. Circuit, appealing his military commission conviction and the Court of Military Commission Review opinion affirming it. He raises the following issues...
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Earlier this year, Judge Walton denied a pair of motions to dismiss in the civil suit filed by Moe Davis against the Librarian of Congress and the Director of the Congressional Research Service ("CRS"). ...
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The U.S. District Court for the District of Columbia has released Judge Royce Lamberth's opinion on remand in Warafi. Judge Lamberth first denied Makhtar Al-Warafi’s habeas petition some time back, but t...
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Here is the latest salvo in the debate relating to the NDAA provisions relating to detainees: Last week Chairman McKeon sent this 7-page letter to the White House responding to the administration's earli...
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Judge Reggie Walton today dismissed on standing grounds the lawsuit challenging the legality of the military operation in Libya (via Josh Gerstein). The decision was not remotely surprising, and indeed ...
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The Supreme Court has granted cert in the Kiobel case, in which the Second Circuit held last fall that corporations may not be held liable for violations of the "law of nations" under the Alien Tort Stat...
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The government has moved the Seventh Circuit Court of Appeals to rehear en banc the Vance case, which last month allowed a suit to proceed against former Defense Secretary Donald Rumsfeld by U.S. citizen...
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More than a month ago, U.S. District Judge Henry Kennedy denied the habeas petition of a Guantanamo detainee named Fadhel Hussein Saleh Hentif (ISN 259). The opinion was classified at the time, but has n...
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The briefing in Alsabri v.
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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 thou...
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The government's brief, and the petitioner's subsequent reply brief, are available in the case of Fayiz Mohammed Ahmed al-Kandari v. United States. Al Kandari is a Kuwaiti Guantanamo detainee who is seek...
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Yesterday the Justice Department filed a memorandum (h/t Charlie Savage) in support of its motion to dismiss the lawsuit by ten members of Congress against President Obama over the Libya operation. The ...