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Chief Judge Lamberth on the Government’s Foot-Dragging in the Guantánamo...
Even for those keeping up with the Guantánamo litigation, this decision by Chief Judge Lamberth, a declassified version of which was released on Friday, may have slipped under the radar. The specific...
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Ramzi Kassem on Chief Judge Lamberth’s Barre Decision
Last Monday, I flagged Chief Judge Lamberth’s important new decision in a Guantánamo habeas case–Barre v. Obama–in which, among other things, he excoriated the government for how long it has taken them...
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DOD Responds–Cryptically–to CCR Hunger Strike Letter
See this letter from Deputy Assistant Secretary of Defense Lietzau, on behalf of Secretary Hagel… At bottom, it seems increasingly clear that there are two very different accounts out there about...
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Motions on Clapper‘s Implications for Standing in the Hedges Second Circuit...
Peter Margulies recently discussed the effect of the Supreme Court’s recent decision in Clapper v. Amnesty International USA denying standing to plaintiffs challenging the NSA’s warrantless wiretapping...
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Developments in GTMO Emergency Motion on Water and Cold
Earlier today, in Anam et. al. v. Obama, the district court sought further briefing on its power to hear a GTMO detainee’s complaints of mistreatment by detention personnel. Background: an April 15...
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Petitioner’s Further Briefing in GTMO Hunger Strike Dispute
Yesterday, pursuant to Judge Thomas Hogan’s recent order, lawyers for habeas petitioner Musa’ab Omar al-Madhwani filed a brief addressing the district court’s jurisdiction to hear al-Madhwani’s...
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District Court: No Jurisdiction Over Emergency GTMO Motion on Water, Cold
That’s the gist of this report, filed earlier today by Politico’s Josh Gerstein: A federal judge declined Monday to take action on behalf of a hunger-striking prisoner at Guantanamo Bay whose attorneys...
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Chief Judge Lamberth, Counsel Access, and the Guantánamo Mail
We’ve written a fair amount already about Chief Judge Lamberth’s September 2012 decision regarding the Guantánamo detainees’ continuing right of access to counsel (not to mention his March 2013...
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New Detainee Filings on GTMO Counsel Access Issues
Today, counsel for Saeed Mohammed Hatim filed an “Emergency Motion Concerning Access to Counsel,” both in the Yemeni detainee’s recently reactivated habeas action, and in In Re: Guantanamo Bay Detainee...
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District Court Denies Preliminary Injunction in Abdullah
In 2010, Yemeni detainee Hani Abdullah had sought a preliminary injunction from the district court. He argued that the United States had to treat him in accordance with an executive agreement...
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Announcing Lawfare‘s First E-Book: Lawfare on the National Defense...
We are very pleased to announce Lawfare‘s first e-book, Lawfare on the National Defense Authorization Acts, which is now available in Kindle format on Amazon for $4.99. The book, edited and with a...
View ArticleUSG Opposition to Detainees’ Motion for Preliminary Injunction to Stop GTMO...
Earlier this week Ben posted on a motion, brought by a group of Guantanamo detainees and asking the District Court to preliminarily enjoin force-feeding at the detention facility. The court ordered...
View ArticlePetitioners’ Reply Brief Filed in Force Feeding Dispute
We blogged earlier in the week about a motion brought by four detainees at Guantanamo—-Ahmed Belbacha, Nabil Hadjarab, Abu Wa’el (Jihad) Dhiab, and Shaker Aamer. The quartet seeks a preliminary...
View ArticleA Commander in Chief Challenge to the Constitutionality of the Transfer...
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. The brief itself is not yet public, but there’s an...
View ArticleDDC: GTMO Counsel Access Procedures Invalid
It already had been quite a week in the GTMO habeas world. And then came today’s important opinion and order from Chief Judge Royce Lamberth, regarding counsel access at Guantanamo. Lawyers for...
View ArticleAnother 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. Judge...
View ArticleUSG 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...
View ArticleDetainee Challenges Constitutionality of NDAA Transfer Restrictions
Yesterday, Guantanamo detainee Ahmed Adnan Ajam filed a motion for partial summary judgment and for declaratory relief in his habeas suit before the D.C. District Court. Ajam’s case takes a new...
View ArticleUSG Drops Opposition to Granting the Writ in GTMO Habeas Case
That is the gist of this quite important filing, made today by the Justice Department, in the case of Idris v. Obama. It begins: Respondents respectfully submit this response to Petitioner’s Motion...
View ArticleTsarnaev Files Motion to Vacate Special Administrative Measures
Last Wednesday, accused Boston Marathon bomber Dzhokhar Tsarnaev filed a motion to vacate special administrative measures (SAMs) imposed on him and his attorneys. In his motion, Tsarnaev argues that...
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