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al-Zahrani v. Rumsfeld Appellant Brief Filed
The appellant's brief in the case al-Zahrani et al. v. Donald Rumsfeld is now available. This case relates to the reported suicides at Guantanano in 2006, the conspiracy theories about which Ben wrote he... -
Predicting a Detainee Win at the D.C. Circuit
In the wake of the Almerfedi decision, the question necessarily arises whether any detainee might plausibly expect to prevail in front of the D.C. Circuit. In the defense bar, disgusted, head-shaking des... -
Palau Uighurs to Australia
The Australian newspaper is reporting that three of the Guantanamo Uighurs sent to Palau from Guantanamo have applied for Australian residency permits: THREE Chinese Uighurs who were for years detaine... -
Missing "Not" in al-Hajj
The memorandum opinion filed on May 23rd in al-Hajj v. -
Updated Habeas Numbers
Here are the Updated Habeas Numbers in light of the D.C. Circuit's decision Friday in Almerfedi. In addition to these cases, a docket entry in the district court case of an Afghan detainee named Khairull... -
The Significance of Guesthouses and Training II
A number of readers have written in to argue that my attempt to complicate the D.C. Circuit's emerging doctrine on guesthouse stays and training camps is itself too simple. These readers point out from ... -
The Significance of Guesthouses and Training
Memo to the D.C. Circuit: Staying at a guesthouse is not the same as taking military training. Ever since the D.C. -
Thoughts on Almerfedi
Almerfedi is a big deal--though perhaps subtly. Judge Laurence Silberman's opinion continues a trend, begun by Judge Brett Kavanaugh in Uthman, of clarifying just how little the preponderance of the evid... -
D.C. Circuit Opinion in Almerfedi
The D.C. Circuit has handed down its decision in the case of Hussain Almerfedi, a Guantanamo habeas petitioner. The opinion is written by Judge Laurence Silberman for himself and Judge Brett Kavanaugh. J... -
Dwight Sullivan on Scott Horton
Over at CAAFLOG, Dwight Sullivan has this long post on the continuing saga of Scott Horton's National Magazine Award--about which I wrote here. Sullivan is responding to this article by Dr. Jeffrey Kaye ... -
An Additional Thought on Al-Hajj
I have only one point to add to Bobby's post earlier today on the opinion by Judge Royce Lamberth in the al-Hajj case. The D.C. Circuit has so far avoided addressing issues related to the voluntariness o... -
David Remes on the D.C. Circuit
Habeas lawyer David Remes sent in the following comments on recent developments in D.C. Circuit case law. He emphasizes that he has been counsel in several of the cases discussed below and that the follo...
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