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AG Holder's Statement on the Prosecution of the 9/11 Conspirators, and Link to the SDNY Indictment and Nolle Prosequi Filing
The statement of Attorney General Holder appears below. The just-unsealed indictment from SDNY to which he refers is posted here, and the five-page nolle prosequi filing is here (more thoughts on all of... -
[Corrected] More than 100 GTMO habeas petitions denied in one opinion...on mootness grounds
[Earlier today I posted what I thought was a newly-issued decision by Judge Hogan, dismissing as moot habeas claims by former GTMO detainees. However, this opinion was not issued on APril 1 THIS year, b... -
KSM to be Tried by Military Commission?, Congressional Hearing on MCs
We've seen several reports that the Obama Administration is poised to announce, at a 2 P.M. -
Would Denial of Cert. in the Pending GTMO Habeas Cases Constitute the Surrender of Judicial Power?
Over at SCOTUSblog, Lyle Denniston takes note of the fact that the Supreme Court during last Friday’s conference had before it the cert. petitions for several GTMO-related cases. -
El Fasteny Case Argued
The D.C. Circuit also heard oral arguments today in El Falesteny v. Obama, some sort of Guantanamo case that is kept so tightly under seal that even the subject matter of the appeal seems to be a mystery... -
Oral Argument Held in Post-Transfer Relief Appeals
Today the D.C. Circuit heard oral argument in Gul v. Obama and Hamad v. Obama, the consolidated appeals that ask whether a federal district court has jurisdiction to consider the claims of habeas petitio... -
New Scholarship from...Ben Wittes?
Larry Solum's Legal Theory Blog, which among other things posts links to all manner of forthcoming legal scholarship, is always worth reading...but above all he's worth reading on April 1st. Who knew B... -
House Armed Services Subcommittee Investigation
The House Armed Services Committee has formally assigned a subcommittee to investigate recidivism and treatment issues related to transfers from Guantanamo. In this letter to Reps. -
Judge Robertson on Habeas Legislation
Former U.S. District Judge James Robertson published this interesting letter to the editor in the Washington Post. Judge Robertson is, to my knowledge, the first member of either the district court or th... -
After Uthman: Looking Forward by Looking Back
As Ben mentioned yesterday, the D.C. Circuit’s new Uthman decision signaled a notable clarification in how lower courts should consider evidence in habeas cases: When considering whether a detainee is "p... -
Two New Supreme Court Habeas Filings
On Monday, counsel for the habeas petitioners Farhi Saeed Bin Mohammed and Omar Khadr replied to the government's oppositions to their cert. petitions. The Khadr reply is short, and the Mohammed reply e... -
Peter Margulies on Uthman
Peter Margulies of Roger Williams University School of Law offers the following brief comment on yesterday's D.C.
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