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Munaf, Garcia, and Seepage Redux
Steve's post on Garcia and Munaf got me thinking about seepage. Remember this? It is the idea that seemingly fact-bound national security cases can announce rules of more general applicability - ones th... -
Is DC Circuit Habeas Caselaw Inconsistent with Hamdi and Boumediene?
Steve and Ben are having an interesting exchange about an important question: whether the DC Circuit's caselaw in GTMO habeas proceedings has produced a set of substantive and procedural rules at varianc... -
Post-Conviction Motions Denied in Lashkar e-Taiba Material Support Case (United States v. Rana)
Tahawwur Hussain Rana was convicted of providing support to Lashkar e-Taiba (18 USC 2339B) and conspiring to provide support to a group planning to commit murder in Denmark, but was acquitted of conspiri... -
Today's Headlines and Commentary
By now every major media outlet has written an article about the Supreme Court's denial of cert to several Guantanamo detainees. And lots have written about the special prosecutors appointed to investig... -
Why the "Munaf Sequels" Matter: A Primer on FARRA, REAL ID, and the Role of the Courts in Transfer/Extradition Cases
Yesterday's news out of the Supreme Court may well have obscured another significant detainee-related legal development: As Lyle Denniston has noted over at SCOTUSblog, on Friday, the en banc Ninth Circu... -
A Reply for Ben...
Ben asks: "What are the specific 'requirements' the Supreme Court laid out in Boumediene or Hamdi that the D.C. Circuit has refused to honor such that habeas review is not 'meaningful' within the meaning... -
A Question for Steve
I almost wrote into my post earlier today that while I agreed with Steve's point that Boumediene remained consequential, I suspected he would not agree with the one I was making. I refrained, but it turn... -
Why "Meaningful" Review Isn't an Abstraction...
I'm pleased to see that Ben largely agrees with my reaction to the Guantanamo cert. denials. But Ben goes on to rehash a point he has made before about the meaning of "meaningful" habeas review--and with... -
Klaidman Post #3: An Irony
A correspondent who prefers to remain anonymous point out the following irony. In my recent post on Dan Klaidman's book, I quoted the following passage: The discussion continued for close to two hours, w... -
Thoughts on the Cert Denials
Being in a time zone very far from home, I am late to the discussion of the cert denials in the Guantanamo cases. I have only one thought to offer beyond what Steve said earlier--with which I almost enti... -
Today's Headlines and Commentary
Lots of news to kick start your week. John Fabian Witt of Yale Law School wrote in yesterday's New York Times about the need to answer the question of whether the United States is actually at war. Says ... -
D.C. Circuit 1, Guantanamo Bar 0?
As Wells already noted, the Supreme Court denied certiorari today without notation or dissent in all of the seven pending Guantanamo "merits" habeas cases (i.e., cases where the central issue goes to whe...
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