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USG Appeals DDC Counsel Access Ruling to DCCA; Obtains Stay
The order entering the stay, by Circuit Judges Rogers, Brown, and Kavanaugh, is here. It essentially pauses enforcement of last week's order, by Judge Royce Lamberth, that partially invalidated certain ... -
CA2 Decides Hedges, Concludes that Plaintiffs Lack Standing
The opinion, which I've only now begun to skim, is here. From the decision's opening paragraphs: On December 31, 2011, President Obama signed into law the National Defense Authorization Act for Fiscal... -
Another DDC Opinion Denying Preliminary Injunction Against Force-Feeding
Judge Rosemary Collyer today denied the three remaining motions for a preliminary injunction against force feeding at Guantanamo, concluding that she lacked jurisdiction over the motions. -
A Quibble Over Supplemental Authority in Hamad v. Gates
It's a battle over the latest case law in Hamad v. Gates, a GTMO-related appeal now awaiting decision from the Ninth Circuit. After oral argument on June 5, the government noted certain supplemental au... -
Stephen Holmes on Drones
Crafted with his characteristic mix of brilliance and dark speculations about the motives of government actors, Stephen Holmes, my colleague, has published an exceptionally rich essay in the Financial Ti... -
GTMO Detainee To District Court: You <em>Do</em> Have Jurisdiction Over Forced Feeding
Readers will recall Monday's order by District Court Judge Gladys Kessler dismissing, on jurisdictional grounds, one of four GTMO detainees' motions for an injunction to stop force feeding. -
Drone Lands on Carrier
You've probable already heard the news. But here's the video: From NBS News: The X-47B drone made history Wednesday as the first robot to land itself on the moving flight deck of an aircraft carrier at... -
DDC: GTMO Counsel Access Procedures Invalid
It already had been quite a week in the GTMO habeas world. -
DHS's Use of Domestic Drones
A friend of mine at the Homeland Security Institute recently called my attention to this fascinating article in the Atlantic. The article reveals nascent plans by CBP and the Border Patrol to equip dome... -
A Commander in Chief Challenge to the Constitutionality of the Transfer Restrictions
I've been waiting for a while for a detainee to make this argument: The transfer provisions of the NDAA violate the Commander in Chief clause. -
District Court on Force Feeding: No Jurisdiction to Stop It, Though the President Can
A pretty strong signal from Judge Gladys Kessler, who today rejected GTMO detainee Jihad Dhiab's motion for a preliminary injunction to stop force feeding. -
Al Warafi Seeks En Banc Review
Mukhtar Yahia Naji Al Warafi is seeking en banc review of his habeas petition from the D.C. Circuit. Best of luck with that. A panel of the court affirmed Al Warafi's detention back in May. Lots of cove...
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