Uthman's Reply Brief
Uthman Abdul Rahim Mohammed Uthman responds to the government's argument against his cert petition in his new reply brief, available here. It opens:
The petition in this case presents in stark terms the D.C.
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Uthman Abdul Rahim Mohammed Uthman responds to the government's argument against his cert petition in his new reply brief, available here. It opens:
The petition in this case presents in stark terms the D.C. Circuit’s failure to articulate and apply a standard for detention of the Guantánamo prisoners that places any meaningful limits on the Executive Branch’s detention authority. The court says that it is applying a "functional" test to determine if a prisoner may be detained under the AUMF, but the court’s test has nothing to do with any functions actually performed by a detainee. The "test" as applied is essentially a "guilt by association" approach that would permit indefinite detention of virtually any Arab seized by Pakistan or Afghanistan at the time of the U.S. invasion of Afghanistan, because any of them could easily have come into contact with Taliban or al Qaeda members or have been at locations where such members may also have been present. The effect of the court’s approach is to destroy any hope of the "meaningful" habeas remedy for Guantánamo detainees promised by this Court’s decision in Boumediene v. Bush, 553 U.S. 723, 783 (2008).You can read previous coverage of the case here, here, and here.
Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT.
Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.
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