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The 9th Circuit Court of Appeals has reversed a district court decision allowing Jose Padilla to sue John Yoo. Writing for a unanimous panel consisting of himself, 9th Circuit Judge N. Randy Smith, and R...
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The government's opposition to cert in Latif is now public. The government argues that "The decision of the Court of Appeals is correct and does not conflict with any decision of this Court or any other ...
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This is an interesting issue I have not yet seen before in a Guantanamo habeas case. Some time back, a detainee named Abdu Al-Qader Hussain Al-Mudafari filed a motion to dismiss his habeas petition witho...
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Wells and Larkin have a more comprehensive preview in the works for Thursday's oral argument before the D.C. Circuit in Hamdan v. United States, and I'd encourage folks to wait for their contribution to ...
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I have a longer preview of Thursday's D.C. Circuit argument in Hamdan in the works, but wanted to jump in to offer a couple of quick thoughts on the (surprising) argument order issued by the panel today ...
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I have written extensively on the D.C.
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The D.C. Circuit has released a less-redacted version of its Latif opinion. I haven't read it yet, but the D.C. Circuit Review web site has and notes that the new version offers significantly more inform...
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The D.C. Circuit Court has affirmed the judgment of the District Court in Alsabri v. Obama.
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A few weeks back we noted that Ali Hamza Ahmad al Bahlul filed his petitioner brief in the D.C. Circuit Court in his appeal from the military commission's judgment and sentence against him. Now comes his...
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Defense counsel for the five alleged 9/11 co-conspirators have filed several motions challenging the closed-door nature of some military commission proceedings.
Although the filings haven't been releas...
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This is going to be the shortest oral argument summary ever. In fact, I can do it in five sentences:
(1) Chief Judge David Sentelle opens the hearing by announcing that it can't be held in open session ...