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Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Abroad
Today, the Brookings Institution released a lengthy paper my colleague Daniel Byman and I have been working on for some time, entitled "Tools and Tradeoffs: Confronting U.S. Citizen Terrorist Suspects Ab... -
Better Late than Never: Periodic Review Boards Finally (Re)Starting at GTMO
Well, it is not exactly being launched with fanfare, but it appears that the long-awaited Periodic Review Board (PRB) process is about to be relaunched at GTMO. So reports Carol Rosenberg, here. Let me... -
The Construction of the NDAA in Hedges
Judge Lewis Kaplan's excellent Second Circuit opinion in Hedges yesterday should end the controversy over whether the 2012 NDAA expands or merely codifies the government's AUMF detention authority---thou... -
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... -
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. -
DDC: GTMO Counsel Access Procedures Invalid
It already had been quite a week in the GTMO habeas world. -
The Government's Bahlul En Banc Brief
Get it here. My personal prediction: The only chance the government has of prevailing before the court is if the judges conclude that Ali Hamza Al Bahlul has not willingly filed an appeal. The government... -
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.
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